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BY. ~%~ ~xt~t-~- CITY OF NORTH OLMSTEtD/ ORDINANCE NO. 72- /~71O AN ORDINANCE ENACTING SECTION 521.10 OF THE GENERAL OFFENSES CODE OF THE CITY OF NORTH OLMSTED, OHIO, (CODIFIED ORDINANCES) EN- TITLED. "DEFINTIONS; OBSCENE MATERIALS OR PER- FORMANCES.°. TO CONFORM TO CHANGES ENACTED BY THE OHIO GENERAL ASSEMBL~AND DECLARING AN EMERGENCY. WHEREAS, Council has determined that it is in the best interest of the City of North Olmsted that the North Olmsted General Offenses Code be reviewed to eliminate any conflicts witty provisions of the State Statutes, as enacted by the Ohio General Assembly. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of North Olmsted, State of Ohio : Section 1. That Section 5 21.10 , Chapter 5 21 (Codified Ordinances) of the North Olmsted General Offenses shall read as follows : 521.10 DEFINITIONS ;OBSCENE MATERIALS OR PERFORMANCES. (a) As used in Section 521.09 and this section : ~- (1) Any material or performance is "obscene " if, when considered as a whole and judged with reference to ordinary adults, any of the following apply A. Its dominant appeal is to prurient interest ; B. Its dominant tendency is to arouse lust by displaying or depicting nudity, sexual excitement or sexual conduct in a way which tends to represent human beings as mere objects of sexual appetite ; C. Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or biz~a~violence, cruelty or brutality ; D. It contains a series of displays or descriptions of nudity, sexual excitement, sexual conduct, bestiality, extreme or biza~are violence, cruelty or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prudent interest, when the appeal to such interest is primarily for its own sake or for commercial exploitation, rather than for a genuine scientific, education, sociological, moral or artistic purpose. (2) "Nudity "means the showing, representation, or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.