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HomeMy WebLinkAbout1976-12-13 49 AE ORDINANCE99 AB Introduced by Councilor BrountaE, December 13, 1976 CITY OF BANGOR (TITLE.) &DUUMC9y Awans"% Chapter VIx of the 0 d1 mea of the city of B Rg'gnl ci n of Mace.;Lal ryatm£nl to_q _.... asuordai ibyLnecuvcmmnaaru.cparaaaper,aemumu.: _ THAT Chapter VII of the ordimnces of the City of.6andior be amended by adding a new Article I as follows: ARTICLE_I REGULATION OF DISPLAY OF MATERIALS M@@N, TO MINORS Sec. 1 Display of Materials Harmful to Minors prohibited. 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 o s similar visual representation £mage of a person r .portion of the human body of which the outside cover or portions exposed to public view depicts nudity, sexualconduct, or eado-masochistic abuse, and which taken as a whole, lacks serious literary, artistic, political or scientific value, and is patently offensive because it affronts prevailing standards In the adult commmunity fl whole with respect to what is suitable material for mimrs. Sec. 2 Definitions. For purposes of this ordinance, the following terms, phrases, words and their derivatives shall have the meaning given herein. Term cdeflned herein shall have their customary dictionary meanimng. 2.1 Display: To exhibit as an Inducement for kullviduaLs to view, peruse, or purchase. 2.2 Knowingly: having a general knowledge of, o on to know , o a belief or ground for belief which a warrants further inspection or inquiry or both of; 2.2.1 the character and content of any material described in Section 1 of this ordinance which is reasonably susceptible to examination; and 2.22 the age of the minor. 2.3 Minor: any person under 4M age of eighteen years. 2.4 Nudity; The showing of the human male or female genitals, pubic area or buttocks, the feaale breast below the top of the nipple, or the depiction of covered mate genitals in a discernibly turgid state.. 2.5 person: -My, individual, partnership, firm, association, arporation, trustee, lessee, gent, assignee, or other legal entity. 2.6 Sado-masochistic abuse: Flagellation or torture by o upon a person clad in undergarments or a mask or bizarre costume, or the condition of being tettered, bound, or otherwise physically restrained on the part of one so clothed. 2.7 Sexual conduct: Acts of sodomy, masturbation, he=- sexuality, sexual intercourse, or physical contact with as per clothed o a unclothed genitals, pubic , buttocks, or, . if such person be a female, breast. 28 'Sexual excitement: the condition of the human male or female genitals when in a state of sexual stimulation or arousal. Sec. 3 Exemptions 3.1 The prohibitions of this ordinance shall not apply to premises in which minors are not permitted. 3.2 Materials otherwise subject to the provisions of Section 1 of this ordinance, may be displayed in completely opaque covers, wrapper r display racks permitting direct public view of only the title or awry other portions otherwise not proscribed under said Section 1. Sec. 4 violations. any person who shall violate awry provision of this ordinance shall, upon conviction thereof, be subject to a fine of not less than $10 nor more than $100. Each day that a violation continues shall be deemed a separate offense. 49 AE J IN CITY COUNCIL ORDINANCE air December ll, 1976 Received let reading. Notice to refer to Code aid Ordinance (' TITLEO Mending Chapterylf of the 1. xevi�e., committee am con aider ear meeting made and seconder. Ordinances of the City of Hmgo[ - Regulation motion withdrawn. Motion passed RECEIVED to consider next meeting. Of Materials Harmful. to Winces CITY OF RANCOR � -. - CITY CLERK'S OFFICE AAS cxry cD c—r Intra pend and MW 6y. °76 4 pM 3 14 a�jl7 DEC IN CITY COUNCIL27, Decem1976 9 December 27, .. r CblciLaN Received read and reading. Motion - 4th line to amend in Sec.know read sell, or .. re ng knowingly plackE or allw the display,"- - nglyoperrit or failed for lack of majority by nthe o yes and 0 vote. Conncilore " ei a " voting yea: Finnigan, voting ye and ors voting novlsa Councilors voting no. 6[ouninti rnan, Ha and Willey. CounCi.6 absent: - Gass. Nr ion to 2.6 by to ndlin 2.6 after or deleting everything in 2.6 after the word deleting g ailedby vote. rCo failed by the following yes and no -' - vote. ors voting yes: Finnigan,Hen and 2eMsiaa: on and voting'- r _ no. Bron Soucy, Scales vntae, McKernan, Soucy, EoFina and Gans. Finally - Willey. Compiler absewing passd by the yea and no Kern: - y Voting yeing Counoilo[a voting yes: Erountaa, Councilors Soucy, no ting innig. Scalae and Willey. Councilors voting n . Finnigan, Henderson and 2eMpvian. CwMilor absent: Gass.' - .. CITY CITY .. ... CLEW(