§ 261-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DISTRIBUTOR

The person responsible for placing and maintaining a newsrack on a public right-of-way.

NEWSPAPER

Any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law.

NEWSRACK

Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers only.

NUDITY

The showing of less than a fully opaque covering of the genitals, pubic hair, buttocks, natal cleft, perineum, anus or anal region of any person, other than a child under the age of puberty, or any portion of the breast at or below the areola thereof, of any female person, other than a child under the age of puberty, or the depiction of covered male genitals in a discernibly turgid state.

OFFENSIVE

That the work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays the prohibited sexually explicit material in a manner which, taken as a whole, lacks serious literary, artistic, political or scientific value.

PICTORIAL MATERIAL

Any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing.

ROADWAY

That portion of a street improved, designated or ordinarily used for vehicular travel.

SEXUALLY EXPLICIT MATERIAL

Any pictorial material depiction of human sexual intercourse, husband or animal masturbation, bestiality, oral intercourse and intercourse, human-animal intercourse, excretory functions, homosexual acts, direct physical stimulation or touching of unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person in the context of a sexual relationship or sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definitions of this section. Works of art or of anthropological significance are not included within this definition.

SIDEWALK

Any surface provided for the exclusive use of pedestrians.

STREET

All that area dedicated to public use for public street purposes, and shall include but not be limited to roadways, parkways, alleys and sidewalks.