The two purposes of this chapter are:
A. To prohibit certain acts of commercial exploitation of human
sexuality in commercial or business establishments within the Town of Madison
in order to reduce the likelihood of criminal activity, moral degradation,
sexually transmitted diseases and disturbances of the peace and good order
of the community which may occur when such commercial exploitation is permitted
in such places, and
B. To protect the health, safety, welfare and morals of the community
by using the government's recognized and traditional police power to protect
societal order, morality and physical and emotional health without infringing
on protected First Amendment rights.
As used in this chapter, the following words shall have the following
meanings:
MATERIAL
Anything tangible that is capable of being used or adapted to arouse
interest, whether through the medium of reading, observation, sound, or in
any other manner, but does not include an actual three-dimensional obscene
device.
OBSCENE
Material or a performance that:
A.
The average person, applying contemporary community standards, would
find that taken as a whole appeals to the prurient interest in sex;
B.
Depicts or describes:
(1)
Patently offensive representations or descriptions of ultimate sexual
acts, normal or perverted, actual or simulated, including sexual intercourse,
sodomy, and sexual bestiality; or
(2)
Patently offensive representations or descriptions of masturbation,
excretory functions, sadism, masochism, lewd exhibition of the genitals, the
male or female genitals in a state of sexual stimulation or arousal, covered
male genitals in a discernibly turgid state or a device designated and marketed
as useful primarily for stimulation of the human genital organs; and
C.
Taken as a whole, lacks serious literary, artistic, political or scientific
value.
OBSCENE DEVICE
A device, including a dildo or artificial vagina, designed or marketed
as useful primarily for the stimulation of human genital organs.
PATENTLY OFFENSIVE
So offensive on its face as to be intolerable to the average person,
applying contemporary community standards.
PERFORMANCE
To manufacture, issue, sell, give, provide, lend, mail, deliver,
transfer, transmit, publish, distribute, circulate, disseminate, present,
exhibit, or advertise, or to offer or agree to do the same.
WHOLESALE PROMOTE
To manufacture, issue, sell, provide, mail, deliver, transfer, transmit,
publish, distribute, circulate, disseminate, or to offer or agree to do the
same for purpose of resale.
If any section, phrase, sentence or portion of this chapter is for any
reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the remaining portions thereof.