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ORDINANCE NO.
8 6 2 (#14-87)
AN ORDINANCE PROHIBITING THE DISSEMINATION, EXHIBITION, DISPLAY,
SALE, OR RENTAL OF HARMFUL MATERIALS TO MINORS; AND FOR OTHER
PURPOSES.
WHEREAS, it is the desire of the City Council of the City
of Jacksonville, Arkansas, to insure that minors are not exposed
to materials which may be harmful;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION 1: Title 9, Chapter 9.32 of the Jacksonville
Municipal Code -is hereby enacted to read as follows:
Chapter 9.32
PROHIBITION OF THE DISSEMINATION, EXHIBITION, DISPLAY, SALE,
OR RENTAL OF HARMFUL MATERIALS TO MINORS.
9.32.010 Definitions. As used in this chapter, unless the
context clearly indicates otherwise:
(a) "Harmful to minors" includes any material or perfor-
mance, whether through pictures, photographs, drawings, writings,
cartoons, recordings, telephonic transmissions, films, video tapes
or other such medium, which shall be "harmful to minors" if the
following apply:
(1) The average person applying contemporary community
standards would find that the material or performance, taken
as a whole, appeals to the prurient interest of minors in
sex.
(2) The material or performance depicts or describes
sexually explicit nudity, sexual conduct, sadomasochistic
sexual abuse or lewd exhibition of the genitals, in a way
which is patently offensive to prevailing standards in the
adult community with respect to what is suitable for minors.
(3) The material or performance, taken as a whole,
lacks serious literary, artistic, political or scientific
value for minors.
(b) "Minor" means any person under the age of eighteen (18)
years.
(c) "Person" means any individual, corporation, coopera-
tive, company, partnership, firm, association, joint venture,
business, establishment, organization or other legal entity of
any kind.
(d) "Prurient" means a lascivious, unhealthy, degrading,
shameful, or morbid, interest in sexual conduct, sexually explicit
nudity, sadomasochistic sexual abuse or lewd exhibition of the
genitals. Materials or performances may be deemed to appeal to
the prurient interest when they have a tendency to excite lasci-
vious thoughts or desires or when they are designed, marketed,
promoted or disseminated to cater or appeal to such an interest.
Where the material or performance is designed for and primarily
disseminated or promoted to a clearly defined deviant sexual
group, rather than the public at large, the prurient-appeal
requirement is satisfied if the dominant theme of the material or
performance, taken as a whole, appeals to the prurient interest in
sex of the members of that intended and probable recipient group.
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(e) The definitions contained in Ark. Stat. Ann. S41-3502
are hereby incorporated herein by reference and made a part of
this Ordinance as if set forth herein word for word.
9.32.020
Disseminating Matter Harmful to Minors.
(a) No person, with knowledge of its character, shall pro-
mote or otherwise furnish or present to a minor any material or
performance which is obscene or harmful to minors, or possess or
control any such materials with the purpose or intent to violate
this chapter.
(b) The following are affirmative defenses to a charge
under this chapter, involving material or a performance which
is obscene or harmful to minors:
(1) The defendant is the parent, lawful guardian or
spouse of the minor involved.
(2) The material or performance as promoted or other-
wise furnished or presented to the minor for a bona fide
medical, psychological, judicial or law enforcement purpose
by a physician, psychologist, judge, prosecutor or law
enforcement officer.
(c) A person who violates this chapter is guilty of
Disseminating Matter Harmful to Minors. If the material or per-
formance involved is harmful to minors but not obscene, violation
of this chapter is a class B misdemeanor. If the material or per-
formance involved is obscene, violation of this chapter is a class
A misdemeanor.
9.32.030
Unlawful Exhibition or Display of Harmful Materials
to Minors.
(a) No person, having custody, control or supervision of
any business or commercial establishment or premises, with
knowledge of the character of the material involved, shall do any
of the following:
(1) Visibly display, exhibit, or otherwise expose to
view in that part of the premises, business, or commercial
establishment, where a minor is or may be allowed, per-
mitted, or invited as part of the general public or other-
wise, any material which is harmful to minors. Specifically,
adult magazines shall have all but the top part, displaying
the name of the magazine only, covered and out of the reach
of minors. In addition, video tape covers of movies that
may have material contained therein which is harmful to
minors are not in and of themselves illegal. Only if the
video tape cover is in and of itself harmful to minors, then
the display of said cover in open view would be a violation
of this chapter. This does not authorize the display, exhi-
bition or exposure to public view of any material which is
obscene under State or local law.
(2) Hire, employ, or otherwise place, supervise,
control or allow in any business or commercial establishment
or other place, any minor under circumstances which would
cause, lead, or allow such minor to engage in the business
or activity of promoting or otherwise handling such material
which is harmful to minors, either to or for adults or
minors.
(b) The following are affirmative defenses to a charge
under this chapter:
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(1) The minor exhibited to the defendant or his agent
or employee a draft card, driver's license, birth certifi-
cate, marriage license or other governmental or educational
document purporting to show that such minor was eighteen
(18) years of age or over, and the person to whom such docu-
ment was exhibited did not otherwise have reasonable cause
to believe that such minor was under the age of eighteen
(18) and did not rely solely upon the oral allegations or
representations of the minor as to his or her age or as to
the knowing consent of the minor's parent or lawful guar-
dian.
(2) At the time the material was visibly displayed or
otherwise furnished or presented to the minor involved, a
parent or lawful guardian of such minor, with knowledge of
its character, accompanied the minor or consented to the
material being visibly displayed or otherwise furnished or
presented to the minor.
(3) The defendant is the parent, lawful guardian or
spouse of the minor involved.
(c) A person who violates subdivision (1) of this sub-
chapter (a) of this chapter is guilty of Displaying Harmful
Materials to Minors, a class B misdemeanor. Whoever violates
subdivision (2) of subchapter (a) of this chapter is guilty of
Unlawfully Employing a Minor, a class A misdemeanor.
9.32.040
Deception to Obtain Matter Harmful to Minors.
(a) No person, for the purpose of enabling a minor to
obtain any material or gain admission to any performance which is
obscene or harmful to minors, shall do either of the following:
(1) Falsely represent that he or she is the parent,
guardian or spouse of such minor.
(2) Furnish such minor with any identification or
document purporting to show that such minor is eighteen (18)
years of age or over.
(b) No minor, for the purpose of obtaining any material or
gaining admission to any performance which is harmful to minors,
shall do either of the following:
(1) Falsely represent that he or she is eighteen (18)
years of age or over.
(2) Exhibit any identification or document purporting
to show that he or she is eighteen (18) years of age or
over.
(c) A person who violates this chapter is guilty of Decep-
tion to Obtain Matter Harmful to Minors, a class A misdemeanor.
9.32.050
Presumption and Evidence of Knowledge.
(a) An owner or manager, or his agent or employee, of a
bookstore, newsstand, theater, distributing firm, warehouse or
other commercial establishment engaged in promoting materials or
performances or distributing or handling materials for promotion
or wholesale promotion, may be presumed to have knowledge of the
character of the material or performance involved if he or she has
actual or constructive notice of the nature of such material or
performance, whether or not he or she has precise knowledge of its
contents.
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(b) In any prosecution or action under this chapter,
knowledge of the character of the material or performance involved
may be proven by direct or circumstantial evidence, or both.
9.32.060
Severabi~i ty.
If any provision of this chapter, including any part,
phrase, or word of any chapter, or the application thereof, to any
person or circumstance is held invalid, such invalidity shall not
affect other provisions or applications of this chapter which can
be given effect without the invalid provision or application, and
to this end, the provisions of this chapter are declared to be
severable. It is the purpose of this chapter to comply with
constitutional and police power limitations and this chapter shall
be interpreted and construed to adopt or change in compliance with
controlling court decisions.
9.32.070
Enhanced Punishment for Repeat Offenders.
If any offender is convicted of a violation of any chapter
of this Ordinance, then upon any repeat conviction, the fine shall
be double the maximum fine allowed for violation of that classifi-
cation of misdemeanor, with a maximum of One Thousand and 00/100
Dollars ($1,000.00) per offense.
SECTION II. All other Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
APPROVED AND ADOPTED THIS 18th DAY OF JUNE
1987.
CITY OF JACKSONVILLE, ARKANSAS
BY: ~~ ~tAJ~ _
TOMMY SWAI~;M}(YOR
ATTEST:
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. LEONARD, ~Y CLERK
APPROVED AS TO FORM:
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KEITH VAUGHAN'0~ITY ATTORNEY
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