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Home My WebLink About28799 / 77-06� � A�ril 21, 197? FIRST READING # 9 ZN�TTATIED BY: OSHKOSH COMMON COLINCIL ORDINANCE ;;•y�T�t�'-1T OR��::?n:C� C�' `I'c1�• �_TTY nF ��L;�fOc.3u REpE'�1r �'!y+^ �►,Tr. F�z'^REnTIt;G Va.+��u14 L � � L .! a 1\ .�1�. ��7 •a.i Ll.. ♦ SECTION 1f3-11 OF THE REVISED MUNICT_PAL CODE PERTAINING TO OBSCr:NE MATERIALS . The Co��on Council of the City of 05hkosh do ordair. as foZlows: SECTION 1. That Section 18-11 of the Revised Municipal Code i.s hereby repealed. SECTIO'_�t 2. Tnat Section 1£3-11 of the Revised Municipal Code is hereby recreated to read as follows: l. No person shall engage in the business of selling, lending, giving a=Nay, showing, advertising for sale or distributing to any mir�or nor shall have in his possession with intent ta engage in said bus�.ness or to other�aise offer for sale or commercial distribution to any minor, nor shall any person display at any r.zwstand or any other b�asiness establishment or place frequer.ted i�y minors or where said minors are or may be invited as a part cf the general public: (a) Any picture, photograph, drawing sculpture or si:nilar �Tisual representa�ion or zmage �f a person or �:ortian of ti-ne hu�an bc�dy which depicts nu�ity, sexual conduct or sado- ma�ochistic abuse ar�d which is harmful to minors. (b} Any book, pamphlet, magazine, printed matter however reproduce�, or sound recording cahich contains any matter enumerat�d in oaragraph (a) of Section 1 hereof, or ex�li.cit and detailed verbal description or narrative account of sexual excit.ment, spxual conduct or sado-mas�chistic abuse and which, ta',en a.s a w�iole, is harmful to minors. 2, DEFINITIONS. As used in this section. (a) "Minor means any person �nder the age o� eighteen !18) years. _ g _ � . , �. .� (b) "i�u�ity" means the showing of the human male or =�^a�e cez�tals, oubic area or buttocks with less than a full �-�aq�� ccverinc, or the showing of the female breast with less =�:a� a=::lly opaque covering of any portion thereof beiow the =oa of �he ni��le, or the depiction of covered male genitals in � d_sc�rnable turgid state. (c} "S?xual conduct" means acts of masturbation, homo- sexLal=�y, s�xual intercourse or physical contact with a person's c=o �'-se� cr u�clothed genitals, pubic area, buttocks or, if �uc?� p�rson be 3 female, breast. (d) "Sexuai excitement" means the condition of the human -'a'_� or =emai� g�nit-a. � s when in � s�ate of_ se?�?taJ� s'�_rz��.� �� ti�r �r .�~oLSa? � (e) "Sada-�asochistic abuse" mean� flaa,ellat.ian or to=�� e�-� or u�on a person clad in undergarments, a mask or b�.za-�e cos ��;:-r.e, or the condition of heing f�ttered, bo�znd or c_�e��r_se ahysically restrained on the part of the one so cloth�d. (`) "Harmful to minors" means that c�uality of any c�sc=?�tio� or representation in whatever form, of nudity, sexual c��c-�ct, sexual excitement, or sado-masochistic abuse, when it: l. predominately appeals to the prurient, shar�eful or morbid interest of minors, and 2. is potentially offensive to prevailing standards ir. the adult corimunity as a whole as to what is suitable material for minors, and 3. is utterly without redeening social importance for minors. (c) "sC^�owingly" mea:�s having general knowledge cf, or. _=��=1 =�� :{ :,o:�, or � aelie� or grounds ior belief wnich warrants _��-�:�= ins�ect�on or inquiry of both: l. The character and content of any material d�scribed therein which is reasonably suscentible o= examina�ion by the person charged with violation o� this ordinance and, 2. Ti?e age of tne minor, provided however, that an honest mistake sha1Z constitute an excuse fro*� liability hereunder if the persan charged with a violatior. hereof made a reasonable bona�ide attempt to ascertain the true age o� s�.zch mir.or. - 9� - ' � � r r I r. � � 3. SEVERABILITY Tf any section of this subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconsti-tutional, such decision shall not effect the validity of the remaining portion of this ordinance. The Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one af more section, subsection, sentence, cl�use or phrase had been declared invalid or unconstitu�ional. �. PENALTIES Any violation of any of the provisions of_ this ordinance shall subject the violator to a fir�e of not less than $100.00 nor more than $500.00 for each offense, together wi.th the costs of prosecution and in d�fault thereof, to imprisonment in the County Jail until such fine and costs are paid, not exceeding thirty (30) days. SECTION 3. This ordinance shall be in full force and effect from and a�ter its passage and date of publication. : SLB?dITTr,D BY ..._�.. �trPRGJ�� rn � ( 40 O. � Ft O � ( a-i � � � � � O• � � bA O «i �. +� � �i �r-[ �3 N `d CIi U �t N � O Fi «3 � � � ,-i ,� v� '� Rr � �.r cd �ri O � f� � I � O � � O P-r I ,-{ � � d";; � � yw� �. Y .�i � ��, O N +� : � +.�,; O � ti� � � � � O � �r-f � .. .I� rl 'Lj O � N `S�-� N E-� N U O F-� �`� � . � � � .� � �, ca O U d td U �, �� O U�0 cn � � � U � ` N L�- � � � r-I N N U r-I R� �\� �ri � U ti � �^, � �.W...( � • • U LC1 � cd � •r-1 � U � ' � , -. • . .