§ 18-51. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Knowledge or knowledge of such nuisance means having knowledge of the contents and character of the patently offensive sexual conduct which appears in the lewd matter.

Lewd matter means any matter:

(1)

Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(2)

Which depicts or describes patently offensive representations or descriptions of:

a.

Ultimate sexual acts, normal or perverted, actual or simulated.

b.

Masturbation, excretory functions, or lewd exhibition of the genitals or genital area.

c.

Bestiality, illustrating vaginal or oral sexual intercourse or masturbation between man and beast.

d.

Any other matter not previously listed which has already been declared illegal by Florida Statutes.

Nothing herein contained is intended to preclude or prescribe any matter which, when considered as whole and in the context in which it is used, possesses serious literary, artistic, political or scientific value. However, in light of United States Supreme Court decisions charging each community with the responsibility for setting its own criteria for determining lewd or obscene matter, the foregoing activities are not meant to constitute an exclusive list of those activities which may be considered to be obscene by some members of the community, but do reflect activities agreed to be lewd matter by the community of the city through its city commission and, thus, do constitute an agreed community standard of lewdness or obscenity within the city.

Matter shall mean a motion picture film or a publication, or both.

Motion picture film shall include any:

(1)

Film or plate negative.

(2)

Film or plate positive.

(3)

Film designed to be projected on a screen for exhibition.

(4)

Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen.

(5)

Videotape or any other medium used to electronically reproduce images on a screen.

Place includes, but is not limited to, any building, structure or place, or any separate part or portion thereof, whether permanent or not, or the ground itself. Place also includes any money-, slug- or coin-operated vending machine or mechanically or electronically controlled vending machine which is located upon or is accessible from a public sidewalk or thoroughfare.

Publication shall include any book, magazine, newspaper, article, pamphlet, writing, printing, illustration, picture, sound recording, or a motion picture film when such film is offered for sale or exhibited in a coin-operated machine.

Sale means a passing of title or right of possession from a seller to a buyer for valuable consideration and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of or transfer of possession of lewd matter.

(Code 1953, § 28-86.1; Ord. No. C-81-91, § 1, 1-19-82)