HomeMy WebLinkAbout828 02-26-1985ORDINANCE NO. 828
AN ORDINANCE PROHIBITING THE DISPLAY OF SEX-
UALLY EXPLICIT MATERIAL TO MINORS; PROVIDING A
PENALTY FOR VIOLATION THEREOF; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING A SEVERABILITY
CLAUSE; AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Euless, Texas, has
determined that the display and availability for perusal of
sexually explicit materials is detrimental to the psychologi-
cal health and welfare of minors; and
WHEREAS, it is the desire of the City Council of the City
of Euless to protect the rights of parents to determine the
types of reading material which are suitable for their chil-
dren; and
WHEREAS, the City of Euless, Texas, being aware of its duty
to protect the health and welfare of its citizenry; and
WHEREAS, the City Council of the City of Euless, Texas,
desires to regulate the display of certain sexually explicit
material to minors, while preserving for adults free access to
such material.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS.
I.
(A) In this section "DISPLAY" means to locate an item
in such a manner that it is available to the general public for
handliny and inspection or that the cover or outside packaging
on an item is visible to members of the general public, without
obtaining assistance from an employee of a business establish-
ment.
(B) A person commits an offense if, in a business
establishment open to persons under the age of seventeen (17)
years, he displays a book, pamphlet, newspaper, magazine, film,
or video tape with the knowledge that it depicts:
I) 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 human gentials, buttocks, or
that portion of the female breast below
the top of areola; or
4) Human male genitals in a discernibly
turgid state, whether covered or un-
covered,
in a manner calculated to arouse a sexual lust or passion for
commerical gain or to exploit sexual lust or perversion for
commercial gain.
II.
Penalty for Violation. An offense under this section is
punishable by a fine not to exceed Two Hundred Dollars
($200.00), and each day or fraction of a day during which the
violation is committed, continuing, or permitted, shall con-
stitute a separate offense hereunder.
III.
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 iaws of the State of Texas.
IV.
Severability Clause. That it is hereby declared to be the
intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable,
and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or sec-
tion.
V.
Emergency Clause. by the affirmative vote of four. or more
of its members, the City Council declares that this is an
ordinance for the immediate preservation of the public peace,
property, health, and safety, and is an emergency measure
-2-
ORDINANCE NO. 828, PAGE TWO OF THREE
within the meaning of Article II, Section 11 of the City
Charter; ana the requirement that it be read at two meetings,
as specified in Section 11, is hereby dispensed with.
PRESENTED AND PASSED on first and final reading on the
26th day of February , 1985, at a regular meeting of the
City Council of the City of Euless, Texas, by a vote of five
ayes, zero nayes and zero abstentions.
APPROVED:
Harold Samuels, Mayor
ATTEST:
r.
Kay Rairiey, City Secr, ary
APP VED S TO FORMt'
B cFar. and, City Attorney
ORDINANCE NO. 828, PAGE THREE OF THREE
-3-