ORD1986548ORDLNANCE # 348
AN ORDINANCE CREATING SECTION 9.36 OF THE
MUNICIPAL CODE OF THE CITY OF MUSKEGO
RELATING TO OBSCENE MATERIALS AND PERFORMANCES
THE COMMON COUNCIL OF THE CITY OF MUSKEGO DO ORDAIN AS FOLLOWS:
SECTION 1. Section 9.36 of the Municipal Code of the City of - - - " - - Muskego is hereby created to read as follovs:
9.36 EXPOSING MINORS TO HARMFUL MATERIALS.
1. Definitions. As used in this subsection:
(a) "Harmful to Minors" means that quality, of any description
or representation, in whatever form of nudity, sexual
conduct, sexual excitement, or sadomasochistic abuse, and:
1) vhich, when taken as a vhole, the average person, apply-
to the prurient or morbid interest of minors; and
ing contemporary community standards, would find appeals
2) which depicts or describes nudity, sexual conduct, sexual
offensive way, with respect to what is suitable material
excitement, or sadomasochistic abuse, in a patently
for minors; and,
3) vhich, when taken as a vhole, lacks serious literary,
artistic, political or scientific value for minors.
(b) "Knovingly" means having general knovledge of, or reason to
know, or belief or ground for belief which varrants further
inspection or inquiry or both vith respect to:
1) The character and content of any material described
herein which is reasonably susceptible of examination by
the defendant;
2) The age of a minor, provided hovever, that an honest
mistake shall constitute an excuse from liability here-
attempt to ascertain the true age of such minor.
under if the defendant made a reasonable bona fide
(c) "Minor" shall mean any person under the age of eighteen
years.
(dl "Nudity" means the shoving the human male or female
genitals, pubic area or buttocks vith less than a full
opaque covering or the showing of the female breast vith
less than a fully opaque covering of any portion thereof
below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
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(e) "Sexual Conduct" means acts of masturbation, homosexuality,
STATE OF WISCONSIN )
Milwaukee County )
) ss.
ORDINANCE X548
9.36 OF THE MUNICIPAL CODE OF THE AN ORDINANCE CREATING SECTION
CITY OF MUSKEGO RELATING M TO
OBSCENE MATERIALS AND PERFOR-
MANCES .
OF MUSKEGO DO ORDAIN AS FOL
THE COMMON COUNCIL OFTHE CITY
rnwn.
SECTION 1. 'ktion 9.36 of the Municipal
Code of the City of Muskego is hereby
created to read &s follows.
"
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MATERIALS. 9.36 EXPOSING MlNORS TO WMFUi
(a) Warmful to Minors" means that
1. Defmitions. As used in this subsection:
quality, ofany description or representation,
sexual excitement, or sadomasochistic
in whatever form of nudity, sexual condun,
abuse, and:
1) which. when taken'h a whole. the
average person, applying contemporary
mmmunity standarb; would find appeals to
the' prurient or morbid intereat bf minprs;
and
2) which, depicts or dextibes nudity,
mndud, sexual excitement. or ea&
masochistic ab&. in a, patently Dthaice
way. with respezt to what is suitable
material for minora; and.
'3) which, when taken as a whole, Lacks
'v+e for mimm.
&.noun literary artistic, political or Bcientific
6) Xnowingly" meam having general
knowledge of, or reason to know, or helief$r.
&una for .belief which wairants'further
ins&ion~or inquiryorfmth with respzctto:
material described herein which is re-
1) The character and content of 'any
nably .susceptible of examination by the
defendant;
2) The age of a minor. provided however,
that an honest mistake shall mnstitute an
excuse from liability hereuhder ,if the.
defendant made a reamnable bona fide
attempt to ascertain the true age of such
-?.?id minor" shall mean any person under
minor.
/f~age of eighteen years.
:;!~v (d) "Nudity means the showing.?thk
human male or female genitals, pubic area
or buttocks with less than a full opaque
mvenng okxhe ~liom~~:Ti-16b~i-&-
with less than a fullyopaque coveringifany
'portion thereafbelow the tapofthenipple. or the depiction of covered male genitals in a
hrnibl+.turgid state. --~
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Jerrith K. Van Eimeren being duly sworn,
doth depose and say that he is an authorized representative of
a newspaper published at ... M.u~ske8?. ............
Wisconsin and that an advertisement of which the annexed is a
true copy, taken from said paper, was published therein on
The.. ...... Muskeg?. ?.u.n. ................
...... .. me 4. /w4..
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(Signed) .................... a,p-U&u
BOOKKEEPER,
Subscribed and sworn to before me this d.+ .... dav
of
My Commission expires . Feb. 8. . 19.8%
,(e) "Sexual .Conduct"means acts of
.masturba~o~~~homibsexua\ity. sexual inter- oype. or.physi.4 wntact with a person's , .clothed or unclothed &tals, pubic area, ' >bu+k.wor the-breast ofa female. 1 f(0 "Sexual .Conduct" includes poses or
ofa person or persons over the
~age'ofpuberty depicted.in.such a'manner as 1 ~.p~~ntation-~of,:ofapefsoliqr p.+ns when
.fo appeal Lo the lust otiinors: oi, slich poi$
shorn In such P0gtui.e oi manner that-the
<viewers' attention or concentration is pri-
m@y facyed ori that.person's or persons'
~gehjtaJs, pubic "ea, buttocks or female
:bWts.and which would appeal to the lust
', of minors or their ,pmigsity as tobex or to
the anatomical differences between the
. 'sexen iZd which are ta he distinguished fmm
facta, &usee,, functions or :putposes of the
the objective and aduaLpresentation of the
,subj& of the rwitingor preseritation.such
hiologid textbook. as. to be. found in a born' fie medical or
~~~. ~-
hi& repealed.
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effect and he in full force and.effect From and
SECTION 3: This ordinance shall take
I, &r its passage and publication 88 quired
PASSED AND ADOPTED THIS 25th
IdWayne G. Salentine. Mayor
DAY OF February, 1986.
1 A'ITEST: I /dCharlotte L. Stewart
Clerk