HomeMy WebLinkAboutOrdinance - 7342-1976 - Amend Chpt. 19; Add New Art. IV: Display Of Sexually Explicit Material To Minors - 10/19/1976ORDINANCE NO. 7 342
AN ORDINANCE AMENDING CHAPTER 19 OF THE CODE OF ORDINANC ~S,
8ITY OF LUBBOCK, BY ADDING THERETO A NEW ARTICLE IV ENTITLED
"DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO MINORS11., PROHIBIT-
CNG THE DISPLAY OF SUCH MATERIAL TO MINORS; DEFINING SEXUALLY
EXPLICIT MATERIAL; DEFINING THE TERM DISPLAY; PROVIDING A PE-
NALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATIC N.
WHEREAS, the City Council has determined that it would be in the best
~nterest of the younger citizens of the City of Lubbock to enact the following.
~anges; NOW.THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Chapter 19 of the Code of Ordinances, City of Lubboc ~,
BE and is hereby amended by adding thereto a new Article IV, which shall
read as follows:
ARTICLE N. DISPLAY OF SEXUALLY EXPLICIT
MATERIAL TO MINORS
"Sec. 19-33. Prohibiting display of sexually explicit
material to minors.
It shall be unlawful for any owner;· operator or
manager of a business establishment open to persons
under the age of 1 7 years, to display or allow to be
displayed a book, pamphlet., newspaper, or magaaine
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;
J:lb
in a manner calculated to arouse sexual lust or passion
for commercial gain or to exploit sexual lust or perver-
sion 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.
11Sec. 19-34. Penalty.
Any person who violates any provision of Section 19-33
above shall be guilty of a misdemeanor and upon conviction
thereof shall be subject to a fine not to exceed TWO HUNDRED
DOLLARS ($200. 00) and each day such violation continues'
shall be deemed a separate offense. 0
SECTION 2. THAT should any section, panagraph., sentence, clause,
hrase or word of this Ordinance be declared unconstitutionlu. or invalid for
any reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause pub-
ication of the descriptive caption of this Ordinance as an alternative method
rovided by law.
AND IT IS SO ORDERED.
assed by the Council on first reading this 14tfi day of October
Passed ·oy the Council on second reading this 28th day of October
ROY BASS, MAYOR
ATTEST:
ey
, 1976
, 1976