§ 21-91. Definitions.

As used in this article the following words and terms shall have the meanings respectively ascribed:

Aid or assist shall mean intentionally or knowingly concealing, disguising or misrepresenting the age of a child.

Control over city-owned facilities shall mean any person, or employee of such person, authorized by lease to produce, direct, participate in or perform any musical, dramatic or theatrical performance at a city-owned facility. This term shall not include peace officers in performance of their official duties.

Direct shall mean commanding movement of any actor, performer, stage equipment or stage props.

Explicit reference shall mean the use of words which have a readily recognizable meaning describing or depicting conduct proscribed hereby, but shall not include words which are merely suggestive or have meanings which are equally consistent with actions not proscribed hereby.

Intentionally, knowingly, recklessly shall have those meanings as defined in the Texas Penal Code.

Leased area shall mean that area of a city-owned facility identified by lease providing for performance of a musical, dramatic or theatrical production.

Participate shall mean placing or moving equipment or props used in a musical, dramatic or theatrical production.

Perform shall mean acting or performing a musical, dramatic or theatrical production.

Performance shall mean any musical, dramatic or theatrical production performed by any individual or identifiable group whether or not the production includes more than one individual or identifiable group staged in a city-owned facility.

Performance obscene as to a child shall mean a performance which contains a description of or explicit reference to:

(a)

Anal copulation;

(b)

Bestial sexual relations;

(c)

Sadistic, masochistic or violent sexual relationships;

(d)

Sexual relations with a child;

(e)

Sexual relations with a corpse;

(f)

Exhibition of male or female genitals;

(g)

Rape or incest; or

(h)

A vulgar or indecent reference to sexual intercourse, excretory functions of the body, or male or female genitals;

and which, taken as a whole: (1) Appeals to the prurient interest of a child under the age of fourteen (14) years in sex; and (2) violates generally prevailing standards in the adult community as to the suitability of such performances for observation of a child under the age of fourteen (14) years; and (3) lacks any serious, artistic, literary, political or scientific merit as to a child under the age of fourteen (14) years.

Person shall mean any individual, partnership, corporation or other legal entity of any kind.

Produce shall mean contractual responsibility for advertising, staging or setting up a musical, dramatic or theatrical production.

(Ord. No. 61850, § 1, 11-14-85) Supp. No. 15