HomeMy WebLinkAbout78-2249 ord78-2249
"DISPLAY OF SEXUALLY HXRLICIT ~ATERIAL TO MINORS"
AN ORDINANCE OF THE CITY OF PLAINVIEW ENTITLED "DISPLAY
OF SEXUALLY EXPLICIT MATERI~ TO MINORS", PROHIBITING THE
DISPLAY OF SUCH ~TERIAL TO MINORS: DEFINING SEXUALLY EXPLICIT
MATERIAL: DEFINING THE TE~I DISPLAY: PROVIDING A PENALTY:
PROV~DIN~ A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council has determined that it would be
in the best interest of the younger citizens of the City of
Plainview to ~nact the following changes; NOW THEREFORE:
BE' IT ORDAINED BY ~THEi .CITY COUNCIL OF THE CITY OF PLAINVIEW:
SECTION ~. That it shall be unlawful for any owner, operator
or manager of a business establishment open to person under the
age of 17 years, to display or allow to be displayed a book,
p~mphlet, newspaper, or magazine the cover of which depicts:
(1) human sexual intercourse, masturbation, or sodomy;
(2)
fondling or other erotic touching of human genitals,
pubic region, buttocks, or female breasts;
(3)
less than completely and opaquely covered the human
genitals, buttocks, or that portion of the female
breast below the top of the areola; or
(4)
human male genitals in a discernably turgid state,
whether covered or uncovered;
in a manner calculated to arouse sexual lust or passion'for
commercial gain to to exploit sexual ~Lust or perversion for
commercial gain.
For purposes of this section: "display or allows to be
displayed" shall mean: visible to the public eye either while
in or on the newsrack or after removal from the newsrack.
SECTION 2. Any person who violates any provision of this
ordinance shall be guilty of a misdemeanor and upon conviction
t~ereof shall be subject ota fine not to exceed TWO HUNDRED
DOLLARS ($200.00) and each day such violation continues shall
be deemed a separate offense.
SECTION 3. That should any section, paragraph, sentence,
clause, phrase or word of this Ordinance be declared unconstitutional
or invalid for any reason, the remainder of this Ordinance shall
not be affected thereby.
SECTION 4. That the City Secretary is hereby authorized
to cause publication of the descriptive caption of this ordinance
as an alternative method provided by law.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 22nd day of August ,
1978.
Passed by the Council on second reading this ]2th day of September
~978.
ATTEST:
M. ~. REA~ ~ity Secretary
U:'RO~3]~R~ ~AYL~, f4ayor ~