HomeMy WebLinkAbout2019-10-16 19-393 ORDINANCETitle, Ordinance
19-393 10/16/2019
CITY COUNCIL ACTION
Council Meeting Date: October 16, 2019
Item No: 19-393
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Amending Chapter 228, Public Morals, Section 228-2, Definitions, by Amending the Definition of Sexual
Conduct
Summary
This item will amend Chapter 228, Section 228-2, of the Public Morals Code. At present, the definition of
sexual conduct in the Public Morals section of the City Code includes, in addition to several sexual acts,
homosexuality. This article of the Code prohibits display for sale of any materials with a cover that depicts
sexual conduct; as a result, any cover that shows attraction between members of the same sex would be
prohibited. There is no such prohibition on a cover that shows attraction between members of opposite sexes.
This ordinance amendment would remove the term homosexuality from the definition of sexual conduct, so
that sexual conduct would simply mean sexual acts between any two people.
Committee Action
Committee: Government Operations
Action:
Staff Comments & Approvals
Meeting Date: October 7, 2019
For:
C -DIA M bld� rX211
City Manager City Solicitor
Introduced for: First Reading
Against:
Finance Director
CITY COUNCIL ORDINANCE
Date: October 16, 2019
Assigned to Councilor: SUPICA
19-393 10/16/2019
ORDINANCE, Amending Chapter 228, Public Morals, Section 228-2, Definitions, by Amending the Definition
of Sexual Conduct
WHEREAS, at present, the definition of sexual conduct in the Public Morals section of the City Code includes,
in addition to several sexual acts, homosexuality;
WHEREAS, as a result of this definition, materials which would be legal for display if showing a heterosexual
couple would not be legal for display if showing a homosexual couple; and
WHEREAS, the City does not wish to discriminate on the basis of sexual orientation;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
Chapter 228, Public Morals, of the Code of the City of Bangor is amended as follows:
§ 228-1 Prohibited displays.
In any premises open to the general public it shall be unlawful for any person to knowingly display or
knowingly permit or allow the display, for purposes of sale, of any book, magazine, picture, photograph,
drawing or similar visual representation or image of a person or portion of the human body of which the
outside cover or portion exposed to public view depicts nudity, sexual conduct or sadomasochistic abuse and
which, taken as a whole, lack serious literary, artistic, political or scientific value and is patently offensive
because it affronts prevailing standards in the adult community as a whole with respect to what is suitable
material for minors.
§ 228-2 Definitions.
For purposes of this article, the following terms, phrases, words and their derivatives shall have the meanings
given herein. Terms not defined herein shall have their customary dictionary meanings.
SEXUAL CONDUCT
Acts of sodomy, masturbation, hengesex`; sexual intercourse or physical contact with a person's
clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
19-393 10/16/2019
Additions are underlined, deletions sea #.
IN CITY COUNCIL
OCTOBER 16,2019
COrd 19-393
MOTION MADE AND SECONDED TO WAIVE SECOND READING
PASSED
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 8-0
COUNCILORS VOTING YES: DAVITT, GRAHAM, SCHAEFER, SPRAGUE, SUPICA, TREMBLE,WESTON,NICHOLS
COUNCILORS VOTING NO: NONE
PASSED
Cl'fYl CLERK