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A. “Commit prostitution” means to engage in sexual conduct for money but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.

B. “Known prostitute or panderer” means a person who, within one year previous to the date of arrest for violation of MMC 9.06.040, has within the knowledge of the arresting officer been convicted of an offense involving prostitution.

C. “Lewd act” means public:

1. Exposure of one’s genitals or female breasts,

2. Touching, caressing or fondling of the genitals or female breasts,

3. Urination or defecation in a place other than a washroom or toilet room,

4. Masturbation, or

5. Sexual intercourse; provided, however, that artistic or dramatic performances in a theater or museum shall not be deemed to be within the foregoing definition. Among circumstances which are to be considered in determining whether a performance is artistic or dramatic, and thereby excluded from the definition of a lewd act, are whether:

a. The average person applying contemporary community standards would find that the performance taken as a whole appeals to the prurient interest,

b. The performance is patently offensive because it affronts contemporary community standards relating to the depiction or representation of sexual matters, and

c. The performance is utterly without redeeming social value.

D. 

1. “Sexually explicit” means stage performances, motion pictures, photographs, pictures printed material and other such objects depicting:

a. Masturbation,

b. Sodomy (i.e., bestiality or oral or anal intercourse),

c. Direct physical stimulation of unclothed genitals,

d. Flagellation or torture in the context of sexual relationship, or

e. Emphasizing the depiction of adult human genitals; provided, however, that works of art or anthropological significance shall not be deemed to be within the foregoing definition.

2. Among circumstances which are to be considered in determining whether a work is of anthropological significance, and thereby excluded from the definition of “sexually explicit,” are whether:

a. The average person, applying contemporary community standards, would find that the work taken as a whole appeals to the prurient interest,

b. The material is patently offensive because it affronts contemporary community standards relating to the depiction or representation of sexual matters, and

c. The material is utterly without redeeming social value.

E. “Public” or “public display” means open to public view or otherwise clearly visible from a public thoroughfare, from a park or playground, from a door or entryway, from one or more family dwelling units or in any public or quasi-public place such as but not limited to parking lots, drive-through lanes, stores, restaurants and other business areas open to the general public. Without limitation of the foregoing, a “public” place specifically includes structures from which retail customers can be served food and beverages through a drive-up or walk-up window, door, or similar means. (Ord. 002/2015 § 1; Ord. 629, 1976)