Agenda - Council - 03/24/1987 - Laserfiche WebLink

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The city eouacil of the City of Blue Earth do ordain as follows: 3£CTI0# I Section 10,63 of the city code of the City of Blue Earth be amendea to read Subd, 1. I}efinitlon~o As used tn this Section, the follOWing terms have the meanings giv~m them: (a) "Obscene" cleans that the work, taken as a wr~ole, appeals to t~e prurient interest in sex o£ the average person, which portrays patently offensive ~exua] conduct and which, taken as a whole, does not have serious literary., artistic, political, or scientific value. In order to determine that a work is obscene, ~he trier of fac~ must fin~: (i)' that the aver;~fe person, applyin~ contemporary community standard~ would find that the work, taken as a Whole, appeals to the prurient intere~.t in sex of the average person; (ii) that the ~or.k depicts patently offensive sexual conduct specifically dei'ine~t by clause' (b); and (iii) that the work taken as a whole, lacks serious izterary, ~rtistl(~, pol:~tlcal~ or ~cientific value. (b) "Patently offen~ive sexual conduc~" includes any.of ~he following d, ep'~c~ed sexua) .conduct: (i) an ac% of sexual intercourse, normal or ~erverted, actual or $imulal~ed, includin~ ~enil;al-~enl~;al, anai-~enital or oral-~enil;al intercourse, wtlether between human beings or between a hu~an'being a~d an animal. (ii) sadomasochi:~t~c abuse, meanin~ flagellation or torture by or upon a person who is nude or clad in undergarments or in a revealing costume or the conditxon of being.fettered, bound or otherwise physica~ly restricted on the par~ of one so clothed. (iii) masturbatiofi or lewd exhibitions of the genitals includi'n8 any e~plici%~ clo$.e~up representation of a human genital organ. (iv) physi~zl ~:ontact or simulated physical contact.with the clothed or unclenched pubic areas or buttocks of a human male or female, or %he ;~reasts of the female, whether alone or between