5.50.160 Exemptions.
A. This chapter shall not be construed to prohibit:
1. Plays, operas, musicals, or other dramatic works that are not obscene;
2. Classes, seminars and lectures held for serious scientific or educational purposes that are not obscene;
3. Exhibitions, performances, expressions or dances that are not obscene; or
4. Athletic games or contests traditionally conducted so as to expose to view any portion of the male breast below the top of the areola (e.g., boxing or wrestling matches).
B. For purposes of this chapter, an activity is “obscene” if:
1. Taken as a whole by an average person applying contemporary community standards the activity appeals to a prurient interest in sex;
2. The activity depicts patently offensive representations, as measured against community standards, of:
a. Ultimate sexual acts, normal or perverted, actual or simulated; or
b. Masturbation, fellation, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and
3. The activity taken as a whole lacks serious literary, artistic, political or scientific value. (Ord. 3343 § 1 (Exh. A), 2019; Ord. 3253 § 2 (Exh. B), 2017; Ord. 1826 § 8, 1991; Ord. 1749 § 12, 1990)