Codified Ordinances of Cleveland § 619.01 Definitions
§ 619.01 Definitions
(a) As used in Sections 619.01 to 619.19:
(1) “Sexual conduct” means vaginal intercourse between a male and female, and anal intercourse, fellatio and cunnilingus between persons regardless of sex. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(2) “Sexual contact” means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttocks, pubic region or, if such person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(3) “Sexual activity” means sexual conduct or sexual contact, or both.
(4) “Prostitute” means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.
(5) Any material or performance is “harmful to juveniles” if it is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:
A. It tends to appeal to the prurient interest of juveniles;
B. It contains a display, description or representation of sexual activity, masturbation, sexual excitement, or nudity;
C. It contains a display, description or representation of bestiality or extreme or bizarre violence, cruelty or brutality;
D. It contains a display, description or representation of human bodily functions of elimination;
E. It makes repeated use of foul language;
F. It contains a display, description or representation in lurid detail of the violent physical torture, dismemberment, destruction or death of a human being;
G. It contains a display, description or representation of criminal activity which tends to glorify or glamorize such activity, and which, with respect to juveniles, has a dominant tendency to corrupt.
(6) When considered as a whole, and judged with reference to ordinary adults, or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to such group, any material or performance is “obscene” if any of the following apply:
A. Its dominant appeal is to prurient interest;
B. Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement or nudity in a way which tends to represent human beings as mere objects of sexual appetite;
C. Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty or brutality;
D. Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way which inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral or artistic purpose;
E. It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
F. When taken as a whole, it lacks serious literary, artistic, political or scientific value.
(7) “Sexual excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(8) “Nudity” means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(9) “Nudity-oriented material” means any material that shows a minor in a state of nudity and that, taken as a whole by the average person applying contemporary community standards, appeals to prurient interest.
(10) “Juveniles or minors” means an unmarried person under the age of eighteen (18).
(11) “Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record or tape or other tangible thing capable of arousing interest through sight, sound or touch.
(12) “Performance” means any motion picture, preview, trailer, play, show, skit, dance or other exhibition performed before an audience.
(RC 2907.01)
(13) “Knowledge of character” means having general knowledge or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, of the nature and character of the material or performance involved. A person has such knowledge when he or she knows or is aware that the material or performance contains, depicts or describes sexually explicit nudity, sexual activity, sadomasochistic sexual abuse, or lewd exhibition of the genitals, whichever is applicable, whether or not such person has precise knowledge of the specific contents thereof. Such knowledge may be proven by direct or circumstantial evidence, or both.
(b) As used in Sections 619.17 to 619.19:
(1) “Obscene” means that to the average person applying contemporary community standards:
A. The predominant appeal of the matter taken as a whole, is to prurient interest; i.e., a shameful or morbid interest in sexual conduct, nudity or excretion;
B. The matter depicts or describes in a patently offensive manner sexual conduct;
C. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
(2) “Material” means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.
(3) “Person” means any individual, partnership, firm, association, corporation or other legal entity.
(4) “Disseminate” means to transfer possession of, with or without consideration.
(5) “Knowingly” means being aware of the character and the content of the material.
(6) “Nudity” means the showing of the human male or female genitals or pubic area with less than fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
(7) “Performance” means any preview, play, show, skit, film, dance or other exhibition performed before an audience.
(8) “Available to the public” means that the matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement or for a separate fee for each item or performance.
(9) “Service to patrons” means the provision of services to paying guests in establishments providing food and beverages; including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing and entertaining.
(10) “Promote” means to cause, permit, procure, counsel or assist.
(Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)