Loading...
0862 /25 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. /~f (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: -2- /~b (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. -3- I~(P (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: ~'.. .. . LEONARD, ~Y CLERK APPROVED AS TO FORM: · u --- KEITH VAUGHAN'0~ITY ATTORNEY -4-