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HomeMy WebLinkAbout392 02-09-1971ORDINANCE NO. 392 AN ORDINANCE PROHIBITING THE PRESENCE IN THE CITY OF EULESS OF ILLUSTRATED "COMIC" BOOKS, PHOTOGRAPHIC MAGAZINES, AND OTHER PUBLICATIONS OF AN OBSCENE NATURE; PRO- HIBITING THE PRESENCE IN THE CITY OF EULESS OF "COMIC" BOOKS, PHOTOGRAPHIC MAGAZINES AND OTHER PUBLICATIONS GIVING ILLUSTRATED ACCOUNTS OF SPECIFIED CRIMES; STATING THE PRESUMPTION RAISED UPON DISPLAY OF PROHIBITED PUBLICATIONS; PROVIDING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, finds and determines that there is a great increase in the number and variety of illustrated "comic" books, photographic magazines and other publications of the type prohibited by this Ordinance being offered for sale in the City of Euless, and WHEREAS, many of such "comic" books, photographic magazines and publications are designed and formed so as to resemble closely other publications devoted in substance to matters of humor, and published primarily for sale to children, in many instances being placed for sale side by side with the humorous publications, and WHEREAS, certain of the "comic" books, photographic magazines and publications specified in this Ordinance deal in substantial part with subject matter of an obscene nature tending to deprave the morals of those into whose hands the publication might fall by suggesting lewd thoughts and exciting sensual desires, and WHEREAS, certain of the "comic" books, photographic magazines and publications specified in this Ordinance deal in substantial part with accounts of crime tending to incite children below the age of eighteen years, being of susceptible and impressionable character, to commit crimes similar to or identical with those prohibited by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION I Definitions. For the purposes of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given hearin. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural ITEM III Council Minutes February 9, 1971 number. The word "shall" is always mandatory and not merely directory. (a) "City" is the City of Euless, Texas. (b) "Council" is the Council of the City of Euless, Texas. (c) "Person" is any person, firm, partnership, association, corpo- ration, company or organization of any kind. (d) "Obscene" is offensive to chastity of mind or to modesty, expressing or presenting to the mind or view something that delicacy, purity, and decency forbids to be exposed; offensive to modesty, decency, or chastity; calculated to corrupt, deprave and debauch the morals of the people and promote violation of law; where the dominant theme of the material taken as a whole appeals to a prurient interest in sex; where the material is patently offensive because it affronts contemporary com- munity standards relating to the description of representation of sexual matters; and where the material is utterly without redeeming social value. SECTION II Obscene Publications Prohibited. It shall be unlawful and an offense for any person, with knowledge of the contents thereof, to sell, offer for sale, attempt to sell, exhibit, give away, keep in his possession with intent to sell or give away, or in any way furnish or attempt to furnish to any person any illustrated comic book, photographic magazine or other publication which, read as a whole, is of an obscene nature. SECTION III Certain Crime Publications Prohibited. It shall be unlawful and an offense for any person, with knowledge of the contents thereof, to sell, offer for sale, attempt to sell, exhibit, give away, keep in his possession with intent to sell or give away, or in any way furnish or attempt to furnish to any child under the age of eighteen (18) years any "comic" book, photographic magazine or other publication which, read as a whole, is concerned with an account of crime and which depicts, by the use of drawings, the following crimes as defined in the several chapters and articles of the Penal Code of the State of Texas: (a) Administering poisonous and injurious potions. (b) Aggravated assault. (c) Arson and other willful burning. (d) Assault in attempting burglary. (e) Assault to maim or disfigure. (f) Assault with intent to commit rape. (g) Assault with intent to commit robbery. (h) Assault with intent to murder. (i) Burglary. (j) False imprisonment. (k) Kidnapping and abduction. (1) Maiming and disfiguring. (m) Malicious mischief. (n) Murder (o) Rape (p) Robbery (q) Theft. (r) Conspiracy to commit any of the foregoing offenses. Intent Where Text Is Not Prominently Featured. It is the intent of this Ordinance to include publications where the text is not prominent- ly featured, but rather is incidental to the picture, being usually in the balloons that indicate the words spoken by the characters. News Accounts Not Included. This Ordinance shall not be construed to apply to those accounts of crime which are part of the ordinary and general dissemination of news, nor to such drawings and photographs as are used to illustrate such accounts. Historical or Literary Publications Not Included. This Ordinance shall not be construed to apply to legitimate, illustrated, historical accounts of crime or crimes. SECTION IV Presumption From Displaying. If any publication prohibited hereunder shall be displayed in any newsstand, book store, drug store, market, or other mercantile establishment, where the said prohibited publication may be seen by any child under the age of eighteen (18) years visiting such establishment, such display shall be prima facie evidence that the person in charge of such establishment was then exhibiting the crime ''comic'' book or other prohibited publication, with knowledge of the contents thereof, and intended to sell, offer for sale, furnish or attempt to fur- nish such prohibited publication to a child or children under the age of eighteen (18) years in violation of this Ordinance, but it shall be competent for the defendent in any such case to show that no such inten- tion existed. SECTION V Penalties. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not to exceed $200.00. Each day that such violation is committed or permitted to continue shall consti- tute a separate offense and shall be punishable as such hereunder. If more than one publication prohibited hereunder shall be offered, exhibited, kept or displayed in violation of this Ordinance, at the same location by the same person, the offer, exhibiting, keeping or display of each separate publication prohibited hereunder shall constitute a separate offense and shall be punishable as such hereunder. If two or more publications pro- hibited hereunder are furnished or sold at the same time by the same person, the sale or furnishing of each shall constitute a separate offense and shall be punishable as such hereunder. SECTION VI Separability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconsti- tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION VII Effective Date. This Ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING on the twenty -sixth day of January, 1971, at a regular meeting of the City Council of the City of Euless, Texas; and given Second Reading, passed and approved on the ninth day of February, 1971, by a vote of 4 ayes and 0 nays at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: ATTEST: Mayor City Secretary APPROVED AS TO FORM: r- \City Attorney