10.24.010 Definitions.
As used in this chapter, the following definitions shall apply:
A. A “lewd act” is:
1. An exposure or display of one’s genitals, anus, bottom one-half of the anal cleft, or any portion of the areola or nipple of the female breast; or
2. An exposure of more than one-half of the part of the female breast located below the top of the areola; provided, that the covered area shall be covered by opaque material and coverage shall be contiguous to the areola. Body paint is not “opaque material”; or
3. The touching, caressing or fondling of the genitals or female breasts; or
4. Masturbation; or
5. Sexual conduct.
B. “Exposure” as used in the definition of “lewd conduct” occurs when the body part is not covered with opaque material that does not become transparent when exposed to water or light. Coverage by body paint or other nonmaterial substance designed to simulate uncovered body parts shall not qualify as opaque.
C. “Public place” means an area generally visible to public view, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), buildings open to the general public, including those which serve food or drink or provide entertainment and the doorways and entrances to buildings or dwellings and the grounds enclosing them, and businesses contained in structures which can serve customers who remain in their vehicles, by means of a drive-up window.
D. “Sexual conduct” means sexual intercourse or any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party, whether such persons are the same or opposite sex.
E. For purposes of this chapter, any activity is obscene:
1. Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
2. Which explicitly depicts or describes patently offensive representations or descriptions of:
a. Ultimate sexual acts, normal or perverted, actual or simulated, or
b. Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibition of the genitals or genital area, or
c. Violent or destructive sexual acts including but not limited to human or animal mutilation, dismemberment, rape or torture; and
3. Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value. For purposes of this chapter, an activity is dramatic if the activity is of, relating to, devoted to, or concerned specifically or professionally with current drama or the contemporary theater. (Ord. 3559-17 § 1, 2017; Ord. 3145-09 § 1, 2009; Ord. 1145-85 § 94, 1985.)