As used in this chapter:

A. "Advertisement means any information which is designed to encourage, induce, cause or attract the interest of persons toward or raise curiosity about a thing or things whether specifically described by title or not, and which, if read, seen or heard, has as its purpose to promote the dissemination of the thing or things about which information is provided.

B. The phrase "appeals to" means directed toward the arousal or titillation of an interest irrespective of whether successful in actually arousing or titillating the interest.

C. The phrase "average person" means a hypothetical human being whose attitude represents a synthesis of all of the various attitudes of all adult individuals, irrespective of age, in Flathead County society at large which attitude is the result of human experience, understanding, development and socialization in Flathead County and Columbia Falls, taking into account relevant factors which affect and contribute to that attitude, limited to that which is personally acceptable, as opposed to that which might merely be tolerated.

D. In the phrase "contemporary standards," the word "contemporary" means what was prevailing at the time of the offense charged; the word "standards" means a belief or course of conduct relative to open general adult public exhibition and general adult public dissemination among Flathead County residents of portrayals, representations, descriptions, depictions and live performances of sexual conduct deemed proper and appropriate and which is accepted in the county in society at large encompassing people in general existing in community with one another having interest common to humanity.

E. "Disseminate" means to transfer, distribute, dispense, lend, show, display, exhibit, send, transport, or broadcast in exchange for consideration.

F. "Material" means all orally presented, visually presented, or written matter whether through the medium of print, film or conduct by live persons.

G. "Obscene material" means that which:

1. Sets forth one or more of the following types of patently offensive sexual conduct:

a. A clearly visible or detailed written protrayal, representation, description, depiction, or live performance, irrespective of the actual visibility of the external or internal genitalia or pubic region, of human sexual intercourse; fellatio; cunnilingus; analingus; oral or genital contact as a part of human male or female homosexual acts; manual or digital insertion into or fondling of the external or internal genitalia or pubic region, anus or rectal cavity; oral contact with the areola or nipple of female breasts as a part of or preparatory to other sexual activity described herein; coprophilia; urolagnia; masturbation; pedophilia; necrophilia; bestiality; sadistic sexual excitement; masochistic sexual excitement; sexual excitement by use of bondage or masks, or

b. Clearly visible portrayal, representation, depiction or live performance which focuses on and tends to concentrate the attention of a viewer on the human external or internal genitalia, anus, rectal cavity, or the pubic region designed, irrespective of success in so doing, so as to stimulate unwholesome lustful thoughts, cravings or desires; and

2. Represented in such a way that, taken as a whole, appeals to:

a. The prurient interest in sex inherent in all average persons applying contemporary community standards,

b. Average persons within a sociologically identifiable sexually deviant class of person, if the subject material is designed for and is primarily disseminated to any such class of persons and concerning which, in application of contemporary standards of people in general in society at large, average persons would consider the interest to which such material appealed to be a prurient interest in sex; and

3. Represented in such a way that the work, taken as a whole, lacks serious artistic, scientific, literary or political value in the context in which it is found or the manner in which it is used, possessed or disseminated; provided, that the fact, standing alone, that only consenting adults are exposed to the materials is immaterial when determining whether or not serious value is possessed by the questioned material.

H. The phrase "prurient interest" means that quality inherent in all human beings which, when aroused, evokes feelings of shame, embarrassment, disgust, or revulsion, or, when aroused, evidences mental, emotional or physical pathology, or, when aroused, is degrading in that it elicits unwholesome lusts, cravings or longings.

I. "Public morality" means minimum standards of public conduct; provided private preferences, beliefs, or tastes, not involving public displays or conduct by use of obscene means of communication need not conform to standards of public morality.

J. "Value" means that quality which makes a thing an essential part of the exposition of ideas and of more than slight social interest as a step to truth and from which a benefit may be derived which is not clearly outweighed by the decency and public morality.

K. "Work" means something subject to wholistic evaluation as a single unit logically and structurally identifiable as a whole by or because of the sameness or commonality in its subject, or its theme, or its plot and plot development, or its story, or its message, or its ideas, or its thoughts, or its depiction, or its portrayal; provided, bound volumes which contain miscellaneous articles, stories, poems or other writings, illustrations and photographic depictions with each standing on its own merit and having no content interdependent with others bound together to make a single volume may not be considered as a whole unless there is such interdependence of, between, or among the separate pieces and depictions that to remove any one of them would leave the remainder literally and logically incompleted, materially obstructing the thoughts and ideas sought to be conveyed. (Ord. 382 § 1, 1979)