Loading...
HomeMy WebLinkAboutOrd.133.03-07-1984 BILL NO. 84-21 ORDINANCE NO. � 3� AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ESTABLISHING A NEW CHAPTER 18, ARTICLE VI PERTAINING TO PORNOGRAPHY AND RELATED OFFENSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: SECTION l. Chapter 18 of the Code of Ordinances of the City of Cape Girardeau, Missouri is hereby amended by adding the following: ARTICLE VI. PORNOGRAPHY AND RELATED OFFENSES Sec. 18-76 . Article Definitions. As used in this Article: 1. "Pornographic" , any material or performance is "porno- graphic" if, considered as a whole, applying contem- porary community standards: A. Its predominant appeal is to prurient interest in sex; and B. It depicts or describes sexual conduct in a patently offensive way; and C. It lacks serious literary, artistic, political or scientific value. In determining whether any material or performance is pornographic, it shall be judged with reference to its impact upon ordinary adults; 2 . "Material" means anything printed or written, or any picture, drawing, photograph, motion picture film, or pictorial representation, or any statue or other figure, or any recording or transciption, or any me- chanical, chemical, or electrical reproduction, or anything which is or may be used as a means of com- munication. "Material" includes undeveloped photo- graphs, molds, printing plates and other latent rep- resentational objects; 3 . "Performance" means any play, motion picture film, dance or exhibition performed before an audience; ` :. ;.�,����� �,,, f , • � • 4 . "Promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmute, publish, distri- bute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same; 5 . "Furnish" means to issue, sell, give, provide, lend, mail, deliver, transfer, circulate, disseminate, present, exhibit or otherwise provide; 6. "Minor" means any person under the age of eighteen; 7 . "Pornographic for minors" , any material or performance is "pornographic for minors" if it is primarily devoted to description or representation, in whichever form, of nudity, sexual conduct, sexual excitement, or sado- masochistic abuse and: A. Its predominant appeal is to prurient interest in sex; and B. It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and C. It lacks serious literary, artistic, political, or scientific value for minors; 8 . "Nudity" means the showing of post-pubertal human genitals or pubic area, with less than a fully opaque covering; 9 . "Sexual conduct" means acts of human masturbation; deviate sexual intercourse; sexual intercourse; or physical contact with a person' s clothed or unclothed genitals, pubic area, buttocks, or the breast of a female in an act of apparent sexual stimulation or gratification; 10. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimula- tion or arousal; 11. "Sadomasochistic abuse" means flagellation or torture by or upon a person as an act of sexual stimulation or gratification; 12 . "Explicit sexual material" means any pictorial or three dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomaso- chistic abuse, or emphasizing the depiction of post- pubertal human genitals; provided, however, that works 2 . of art or of anthropological significance shall not be deemed to be within the foregoing definition; 13. "Displays publicly" means exposing, placing, posting, exhibiting, or in any fashion displaying in any loca- tion, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway or public sidewalk, or from the property of others. Sec. 18-77. Promoting Pornography. A person commits the offense of promoting pornography if, knowing its content and character, he: 1. Promotes or possesses with the purpose to promote any pornographic material for pecuniary gain; or 2 . Produces, presents, directs or participates in any pornographic performance for pecuniary gain. Sec. 18-78. Furnishing Pornographic Materials to Minors. A person commits the offense of furnishing pornographic material to minors if, knowing its content and character, he: 1. Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or 2 . Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such per- formance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance. Sec. 18-79 . Public Display of Explicit Sexual Material . A person commits the offense of public display of explicit sexual material if he knowingly: l. Displays publicly explicit sexual material; or 2. Fails to take prompt action to remove such a display from property in his possession after learning of its existence. Secs. 18-80 - 18-89 Reserved. SECTION 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid 3. or unconstitutional 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 3. This ordinance shall be in full force and effect ten days after its passage and approval. �-c �']� PASSED AND APPROVED THIS � DAY OF � `d�-�--��' , 1984 . � c'-�-v-�-�c �� ;�.-.�-�. MAYOR ATTEST: `� � � . l.. ,c� �..�e_� `t-c�_.e.2-�__., CITY CLERK 4 .