HomeMy WebLinkAboutOrdinance No. 84-16 ORDINANCE N0. 84-16
AN ORDINANCE PROHIBITING THE SALE, DISTRIBUTION, OR
DISPLAY OF SEXUALLY EXPLICIT MATERIAL TO PERSONS UNDER
THE AGE OF SEVENTEEN (17) YEARS; PROVIDING A PENALTY
FOR THE VIOLATION OF ANY PROVISION HEREOF; AND CON-
TAINING A SEVERABILITY CLAUSE.
�c � � � �
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS :
Section l. It sha11 be unla�,aful £or any person, firm, or
corporation, to display sexually explicit materials to minors .
A. A person commits an offense under this Section if, �n
a business establishment open to persons under the age of seven-
teen (17) years , he displays a book, pamphlet, newspaper, or
magazine 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 tur�id state,
whether covered or uncovered ;
in a manner calculated to arouse sexual lust or passion £or
commercial �ain or to exploit sexual lust or perversion for
commercial gain.
Section 2. It shall be unlawful for any person, firm, or
corporation to sell or riistribute sexually explicit materials
to minors.
A. A person commits an offense unc�er this Section if,
knowing the theme of the material, he sells , distributes , or
possesses for sale or distribution, to persons under seventeen
(17) years of age, material whose dominant theme, taken as a
wh.ole,
(1) depicts, describes , or represents :
(a) sexual conduct;
J � � • ' . • .
(b) with less than complete opaque covering, an indi-
vidual ' s genitals, pubic area, or buttocks or a
female individual ' s breast or portion of breast
below the top of the areola;
(c) an individual ' s genitals in a state of sexual
stimulation or arousal ;
(d) flagellation or other torture by or of an indi-
vidual or in a revealing costume or who is
fettered, bound, or otherwise physically
restrained;
(e) masturbation or excretory functions , or
(f) fondling of an individual ' s clothed or unclothed
genitals , �ubic area, or buttocks or of a fernale
individual s clothed or unclothed breasts , and
(2) is patently offensive to prevailing standards in the
adult community as a whole with respect to what is
suitable for minors, applying contemporary community
standards , and
(3) lacks serious literary, artistic, political, or
scientific value for minors.
Section 3. Penalty. Any person, firm, or corporation who
shall violate any provision of this Ordinance shall be deezned
guilty of a misdemeanor and, upon conviction thereof, shall be
fined in an amount not to exceed two hundred dollars ($200.00) .
Section 4. Severability. In the event any section, para-
graph, subdivision, clause, phrase, provision, sentence, or part
of this Ordinanc� or the application of the saxne to any person
or circumstance shall for any reason be adjudged invalid or held
unconstitutional by a court of competPnt jurisdiction, it shall
not af.fect, impair, or invali�iate this Ordinance as a whole or
any part or provision hereof other than the part declared to be
invalid or unconstitutional ; and the City Council o.f the City
of Friendswoo3, Texas , declares that it would have passed each
and every part of the same notwithstanding the omission of any
such part thus declared to be invalid or unconstitutional, or
whether there be one or more parts.
�0
PASSED AND APPROVED on first reading this the � day of
August, 1984.
PASSED AND APPROVED on second reading this the lOth day
of September , 1984.
-2-
� . . , . _ , .
PASSED, APPROVED AND ADOPTED on third and final reading
this the 24th day of September , 1984.
,
a
�-�..._._--.
Mayor
ATTEST: ,�
' ,
�
City ecretary
-3-