For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word shall is always mandatory, and not merely directory.

(A) Adult means a person who has reached his or her eighteenth birthday.

(B) City means the City of Broomfield.

(C) Commercial purposes means any purposes connected with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of any form of entertainment.

(D) Deviate sexual conduct means any act of sexual gratification between human beings who are not husband and wife, involving contact of the genital organ of one and the mouth or anus of another.

(E) Display publicly means the exposure, placement, posting, exhibition, or display, in any fashion, of an item, in any location, public or private, in such a manner that it may readily be seen and its content or character distinguished by normal unaided vision from a public thoroughfare, a vehicle on a public thoroughfare, or the property of another.

(F) Facility means any place or thing which provides seclusion, privacy, opportunity, protection, comfort, or assistance to or for a person engaging or intending to engage in sexual intercourse or deviate sexual activity.

(G) Hard-core sexual conduct means patently offensive acts, exhibitions, representations, depictions, or descriptions of:

(1) Intrusion, however slight, actual or simulated, by any object, any part of an animal's body, or any part of a person's body into the genital or anal openings of any person's body; or

(2) Cunnilingus, fellatio, anilingus, masturbation, bestiality, lewd exhibition of genitals or excretory functions, actual or simulated.

(H) Live sexual performance means any live performance by one or more persons, or a person and an animal, which:

(1) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards;

(2) Presents or shows hard-core sexual conduct; and

(3) Taken as a whole, lacks serious literary, artistic, political, or scientific value.

(I) Masturbation means the stimulation of the genital organs by manual or other bodily contact, exclusive of sexual intercourse.

(J) Material means any physical object, facsimile, recording, transcription, pictorial representation, motion picture, or reproduction, whether mechanical, electrical, or chemical, which is used as a means of communicating sensation or emotion to human beings to or through the visual, aural, or tactile senses. The term does not include the printed or written word, except when used for commercial purposes.

(K) Minor means a person who has not reached his or her eighteenth birthday.

(L) Obscene material means that material, as defined in subsection (J) of this section, which:

(1) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards;

(2) Depicts or describes hard-core sexual conduct; and

(3) Taken as a whole, lacks serious literary, artistic, political, or scientific value.

(M) Obscene performance means that performance, as defined in subsection (N) of this section which:

(1) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards;

(2) Presents or shows hard-core sexual conduct; and

(3) Taken as a whole, lacks serious literary, artistic, political, or scientific value.

Obscene performance includes a live sexual performance, as defined in subsection (H) of this section.

(N) Performance means a presentation or exhibition, whether live or recorded, in a public place or place open to the public.

(O) Person means any individual, partnership, firm, corporation, association, or other legal entity.

(P) Promote means to produce, direct, perform in, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, or advertise, whether or not for consideration, or to offer or agree to do any of these things, whether or not for consideration.

(Q) Prostitution means the performance, the offer to perform, or agreement to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse, with any person not the spouse of such person, in exchange for money or other thing of value.

(R) Public indecency means the performance of any of the following in a public place or where the conduct may reasonably be expected to be viewed by the members of the public:

(1) An act of sexual intercourse;

(2) An act of deviate sexual intercourse;

(3) A lewd exposure of the body done with the intent to arouse or to satisfy the sexual desire of any person; or

(4) A lewd fondling or caress of the body of another person.

(S) Public place means any street, alley, highway, sidewalk, park, playground, or place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center, and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.

(T) Sadomasochistic material or sadomasochistic performance means that material, as defined in subsection (J) of this section, or performance, as defined in subsection (O) of this section, which:

(1) Taken as a whole, appeals to the prurient interest of the average person, applying contemporary statewide standards;

(2) Depicts, presents, shows, or describes flagellation, mutilation, or torture, actual or simulated, in a sexual context; and

(3) Taken as a whole, lacks serious literary, artistic, political, or scientific value. (Ord. 293 §1, 1977)

(A) It is unlawful for any person to frequent or loiter in any tavern, cabaret, nightclub, or other establishment where intoxicants are sold for the purpose of engaging in the practice of or with the purpose of soliciting another person to purchase drinks.

(B) It is unlawful for the proprietor or operator of any such establishment to allow the presence in the establishment of any person who violates the provisions of this section. (Ord. 293 §4, 1977)

It is unlawful for any person to intentionally expose his or her or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to another person or persons. (Ord. 293 §5, 1977)

It is unlawful for any person to promote a live sexual performance in any public place, or in any place where adults or minors may view such live sexual performance. (Ord. 293 §6, 1977)

It is unlawful for any person to promote sadomasochistic material or a sadomasochistic performance. A person commits promoting sadomasochistic material or a sadomasochistic performance if he or she knowingly:

(A) Promotes, or possesses with intent to promote, any sadomasochistic material; and

(B) Promotes any sadomasochistic performance. (Ord. 293 §7, 1977)

It is unlawful for any person to promote obscenity to a minor. A person commits promoting obscenity to a minor if he or she knowingly:

(A) Promotes, or possesses with intent to promote, any obscene material to a minor; and

(B) Promotes any obscene performance or live sexual performance to a minor. (Ord. 293 §8, 1977)

It is unlawful for any person to publicly display obscene material. A person commits publicly displaying obscene material if he or she knowingly:

(A) Displays publicly or causes to be displayed publicly obscene material; or

(B) Permits any public display of obscene material on premises, owned, rented, or operated by him or her. (Ord. 293 §9, 1977)

It is unlawful for any person to urinate in any public way, or place which is public in nature, or any place within the city open to the public view. (Ord. 293 §10, 1977)