Ordinance 10.04
Public Nuisances Offending Morals and Decency (R68.10)

 

THE VILLAGE BOARD OF THE VILLAGE OF PARK RIDGE DOES ORDAIN AS FOLLOWS:

Section I.  PUBLIC NUISANCES OFFENDING MORALS AND DECENCY

The following acts, omissions, places, conditions and things are Hereby specifically declared to be public nuisances offending Public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency caning within the definition of Ordinance 10.02:

1.               Disorderly Houses.  All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purpose of prostitution, promiscuous sexual intercourse or gambling.

2.        Adult Movies and Bookstores Prohibited.

           A.       Purpose and Intent
                        It is declared to be the purpose and intent of this ordinance to protect the public health, safety, welfare and morals of the community, to promote the stability of property values, and impose restrictions upon those activities which pander to gross sexuality in a manner that would detract from the neighborhood, adversely affect the property values, increase crime and violence, and be repugnant to the morals of the community.  In recognition of the protections afforded to the citizens under the First and Fourteenth Amendments, it is not the intent of this ordinance to inhibit freedom of speech or the press, but rather to deter those of low morals from imposing their lack of morals upon the rest of the community; and further recognizing that those parts of a community, which become centers of loose moral conduct, frequently become places of rowdiness, criminality, and indecent behavior.  It is further the belief that just as advertising is designed to stimulate one’s appetite for desiring goods or a service, an over-abundance or preoccupation with sexual displays or material arouses the appetites of those so preoccupied and encourages violations of the criminal statutes  involving sexual offenses and is contrary to the health, safety and welfare of the community.

           B.       Definition

i.                For the purpose of this ordinance, “specified sexual activities” is defined as:

a.               Human genitals in a state of sexual stimulation or arousal;

b.              Acts of human masturbation, sexual intercourse or sodomy;

c.               Fondling or other erotic touching of human genitals, public region, buttock, or female breast.

ii.               For the purposes of this ordinance, “specified anatomical areas” is defined as:

a.               Less than completely and opaquely covered:

(1)            Human genitals

(2)            Pubic region

(3)            Buttock

                                                   (4)      Female breast below a point immediately above the top of the areola

                                      b.        Human male genitals in a discernibly turgid state, even if completely and  opaquely covered.

           C.        Book Sales

                         No person, firm or corporation shall sell or offer for sale any book, magazine or other  periodical which is distinguished or characterized by emphasis on matter depicting,  describing or relating to “specified sexual activities” or “specified anatomical areas.”

          D.        Mini-Motion Picture Displays

                        No person, firm, or corporation shall offer for viewing through coin-operated motion picture devices any movie or other form of display which has significant displays of specified sexual activities or specified anatomical areas.

          E.          Cabarets

                       No person, firm or corporation shall feature or permit dancers or other persons to be engaged in specified sexual activities or displaying specified anatomical areas.

          F.       Penalty

                      Any person, firm or corporation violating any provisions of this ordinance shall be fined not  less than five dollars nor more than five hundred dollars for each offense; and a separate  offense shall be deemed committed on each day during or on which a violation occurs or continues.

 3.       Gambling Devices.  All gambling devices and slot machines.

4.        Unlicensed Sale of Liquor and Beer.  All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as provided for by the ordinances of the Village of Park Ridge.

5.       Continuous Violation of Village Ordinances.  Any place or premises within the Village of Park Ridge where Village ordinances or State laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.

6.       Illegal Drinking.  Any place or premises resorted to for the purpose, of drinking intoxicating liquor or fermented malt beverages in violence of the laws of the State of Wisconsin or ordinances of the Village.

Section II.  EFFECTIVE DATE

This ordinance shall take effect upon passage and publication as provided by law.

 

Passed and adopted by the Village Board of  the Village of Park Ridge on this first day of  January, 1996.