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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