HomeMy WebLinkAboutOrdinance - 1616-1954 - Prohibiting The Display Or Sale Of Any Book Or Magazine Which Account Of Crime - 10/14/1954l,opy
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;i ty Atty,
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0RDINANCE NO. ~1611Loj1WI6'---
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AN ORDINANCE PROHIBITING THE DISPLAY OR SALE OF ANY BOOK
OR MAGAZINE, OR OTHER PUBLICATION, IN WHICH THERE IS PROM!•
NENTLY FEATURED AN ACCOUNT OF CRIME, AND WHICH DEPICTS BY
THE USE OF DRAWINGS OR PHOTOGRAPHS THE COMMIBSION OR ATTEMP-
TED COMMISSION OF CERTAIN CRIM~ OF FORCE, VIOLENCE OR BLOOD-
SHED; MAKING EXCEPTIONS OF NEWS IT EMS; PROVID.JNG A SA V.JNGS
ClAUSE; PROVIBING A -PENALTY AND FOR PUBLICATION.
WHEREAS, the City Commission has found as 'a fact that there is a
great increase in the number and variety of illustrated crime booke, maga-
.z.<i.hes~ and other publications being offered for aale in this city, which books,
magazine s, and other publications deal in substantial part with crimes. of
force, violence and bloodshed, and that many of such books or magazines are
designed in form so as to resem'Q.le closely those devoted in substance to
matters of humor and adve..'tlture; and,
WHEREAS, it appears that persons are often stimulated by collections
of pictures an.d atories of criminal actJt, and do in fact often commit such
crimes partly becauee incited to do so by s uch publications; and,
WHEREAS, the posaibility of harm by restricting free utterance ;
through harmless publications is too remote and too negligible a consequence
of dealing with the evil of the publication$ herein des.cribedJ THERE F 0 R E;
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK:
SECTION 1. Every person, firm or corporation is guilty of a misde•
meanor who sella, or displays for the purpose of eale, or otherwise displays
any book, magazine, or other publication in which there is prominently fea~
tured an account of crime, and which depicts, by the use of drawings or photo-
graphs .. the commiasion or attempted commission of the crimes of arson,
assault with caustic chemicals, assault with a deadly weapon, burglary, kid ..
napping, mayhem, murder, rape, robbery or theft.
SECTION.~. This ordinance shall not apply to those accounts of crime
which are part of the general dissemination of news, nor to such drawings and
photographs used to illustrate such accounts.
SECTION 3. The prohibitions of this ordinance do not apply to any action
either positively permi~ed or prohibited by constitutional provision or by gen•
erallaw.
SECTION 4. H any provision of this ordinance, or the application thereof
to any person or circwnstance is held invalid, the remainder of the ordinance,
and the application of such provision to other persons or circwnstances, shall
not be affected thereby. ·
SECTION S. Every violation of this ordinance is a misdemeanor punish•
able upon conviction by a fine in any sum not exceeding Two Hundred Dollars
($200).
SECTION 6. This ordinance shall be published in full, as provided by
law, a.nd shall become effective fiftec:n (15) days after the date of publication.
AND IT IS SO ORDERED.
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On motion-of Commissi~mer ___ __.;B:::o.a::;k::;e:;.;r:.....----, seconded by Com-
miss.ionerCarpenter , this Ordinance was passed on first read• ·~~~~--------------~
ing this the 14 tli' day of October , 1.9 54, by the following vote:
Commissioners voting uyEA,u: Baker, Carpentert Thomas and Mayor Tripp
(Forrest absent}
Commissioners voting nNAYn: None
On motion of Com.missioner ____ Ba.ke __ r _____ , seconded by Com-
missioner Forrest , thb Ordinance was passed on second ----------.-~~---------
reading this the 22nd day of October , 1954, by the following vote:
Commissioners voting "YEA11 : Baker, Carpenter, Forrest, Thomas and
Mayor Tripp
Com.m.issioners voting "NAY11 : None
ATMT.
Lav nia Lowe, ~Secreta.ry-Treaourer ---~!_'/g ~~----~----
VEw:sv
9-24-54