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HomeMy WebLinkAbout1978-07 03-30 AP CITY OF BROOKLYN CENTER ORDINANCE NO,— AN ORDINANCE AMENDING CHAPTER 19 PROHIBITING AND REGULATING THE DISSEMINA- T.ION OF PO OGRAPHY AND RELATIIE MATERIALS f BROOKLYN ('ENTER POST WITHIN HE CITY OF BROOKLY. CENTER i f THE CITY COUN dL OF THE CITY v OF BROOKLYN "'CENTER DOES ORDAIN AS FOLLOWS: AFFIDAVIT OF PUBLICATION Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center ..is hereby amended by the addition of the following.: Section 191800. Statement of Pur- pose STATE OF MINNESOTA ll The City Council of the the City of SS. I Brooklyn Center seeks to discharge its COUNTY OF HENNEPIN I duties and responsibilities to the community by stemming the tide of obscene, lewd, lacivious, tawdry and indecent books, pictures, films, exhibitions, materials and the like and to thereby preserve the quality of life and environment in the community; to I. Q safeguard the dignity of its citizens E:!- Heraul -t, being duly sworn, on oath says he is and during all the times herein stated has been the President of The and protect and defend their morals, Post Publishing Co., publisher and printer of the newspaper known as ocharacter and privacy and that of BROOKLYN('ENTERPOST their 'children from indecent in- trusion; and to preserve and improve and has full knowledge of the facts herein stated as follows: the quality of local commerce and the (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent standards of life in the City. in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each The City Council adopts the findings week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which of the United States Supreme Court it purports to serve and does not wholly duplicate any other publ ication and is not made up entirely of patents, plate matter that: and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at The sum of experience, including least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation that of the past two decades, affords currently paid or no more than three months in arrears and has entry as second -class matter in its local post- an ample basis for legislatures to office. (5) Said newspaper purports to serve the conclude that a sensitive key relationship of human existance, CITY OF BROOKLYN CENTER central to .family life, community in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open welfare and the development of during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main human personality, can be debased tained by the managing officer of said newspaper or persons in its employ and subject To his direction and control during all and distorted by crass, commercial such regular hours and at which timesaid newspaper is printed. (6) Said newspaper files a copy of each issue immediately The City Council finds that por- with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years T no he City produces an irretrievable preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of +erosion in human values, decency and Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of spirit especially affecting young State and signed by the managing officer of said newspaper and sworn to before notary public stating that the newspaper adults and children and further is a legal newspaper. recognizes the unsettling hypothesis r that there is an arguable corrolation He further states on oath that the printed between the unrestricted use of por- nography and incidence of criminal I, acts. 6_ FL.fjj in light of these findings and with deep and grave concern for the future s well-being ,of the community, the,City hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in Council hereby prohibits the use, sale, transfer, barter, trade, exhibition and production of pornography. the English language, onceeach week, for_ /..successive weeks; that itwasfirstso pub[ fished on .Section 19 -1801. Definitions The following terms will have the :.l' following definitions for the purpose the day of L r 19. .and was Thereafter printed and published on every............ of this ordinance. A. "Obscene is the descriptive ad- jective used to modify or qualify to and including the.......... day of. 19...... and that the following is a printed copy of the any material or performance which is an obscene work. B. "Obscene Work" or Obscene lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in Material" means any work in- cluding but not limited to books, movies, pictures, magazines, the composition and publication of said notice, to wit: exhibitions, productions, recor• dings and the like which, taken as a whole, appeal to the prurient in- terest in sex, which portray sexual abcdefghijklmnopgrstuvwxyz5 pt. Sans conduct in a patently offensive way; and which, taken as a whole, lack serious- literary, artistic, political or scientific value. In determining whether or not a work is an obscene work or obscene material, the trier of fact must find: 1. That the average person, applying contemporary community stan- dards would find that the work or material, taken as a whole, appeals Subscribed and sworn to before to the prurient interest in sex; and 2, That the work or material depicts k' Or describes in a patently Offensive me this...... -day af.. P v! A.D., 19.' way, sexual conduct specifically defined herein or authoritatively construed by the Courts of this State as being a portrayal of patently offensive sexual conduct, as that phrase is used in definition (NOTARIAL SEAL) ,of an obscene work or obscene material; and 3. That the work, taken as a whole, Notary Public .............County, Minnesota lacks serious literary," artistic, political or scientific value. C. "Material" means any tangible My Commission Expires 19...... property including but not limited to books, printed material, magazines, movies, pictures, plays, exhibitions and productions which are capable of being used or adapted to arouse interest,' or to affect the human senses, whether through the median of reading, observation, sound or in any other manner. D. "Performance" means any play. Section 19.1602. Distribution and motion picture, dance or other Exhibition of Pornography exhibition performed before an It shall be unlawful for any person to Whenever the City .Council deter- audience. salt give away, barter, trade, deal in, mines that a nuisance is being kept, E. "Prurient Interest" means having, produce, perform, show, exhibit or exhibiting or lending itself to a possess with an intent to sell, maintained, produced, permitted, shameful, morbid or lacivious give conducted, allowed or exists, it may interest in or thoughts about or away, barter, trade, deal in, show or I order the termination or abatement of desires as to nudity, sex, or the i b obscene work or material Ithat keeping, conducting, the person ucting, ma in taining, persons bodily functions of human beings. materials but not limited a works or 9 'keeing, ondin F. "Community Standards" means materials such as obscene books, producing, permitting or allowing that magazines, pictures, movies, printed nuisance: the contemporary community rmaterial, recordings, closed circuit Section 19 -1808. Order standards of that community from television productions or exhibitions The Order the City Council shall e which the trier of fact is from in and the like. be in writing, g, shall recite the cluding his community or the Section 19.1803. Distribution and N o allegations constituting the nuisance, vicinage from which he comes. of, R y to tafLulors G. "Patently Offensive" means so y to d Lt•-� provide a specified time for cam- ffi&vlt Ol t �bfi If cafion fo a and state that civil u n- offensive on its face as to affront A current standards of decency. t i I rtak of the Brun a o c r n- H. "Patently Offensive Sexual Con °taken i f no compliance occurs. duct" shall be deemed to include SOL.f♦dtfl/. blbY{ in, OF he Order shall served in the any of the following described Wig: 7 c or i v of a Summons and complaint sexual conduct if depicted or possess with intent to sell, give away, in a civil action. 4 described in a patently offensive barter, trade, deal in, show or exhibit Section 19 -1809. Enforcement way: Ito any minor any work or material If no abatement or termination of 1. An act of sexual intercourse, including but not limited to books, the nuisance occurs within the time normal or perverted, actual or magazines, pictures, movies, printed prescribed in the Council Orden the simulated, including genital -to- material, recordings, closed circuit City shall forthwith seek enforcement .genital contact, anal -to- genital television productions or exhibitions lot its order in any appropriate civil contact, or oral -to- genital in- and the like .which depict or show proceeding. tercourse, whether between nudity as defined in this'ordinance or Section 19 -1810: Recovery of Ex- human beings or between a any obscene work or, material in- penditures human being and an animal. cluding but not limited to obscene The City shall keep an accurate f 2. sadomasochistic abuse which is books, magazines, pictures, movies, account of expenses incurred in defined as any scene, exhibition, sprinted material, recordings, per- carrying out its order and abating the Publisbfad in nuisance, including all expenses in- act, enactment, re- enactment or formances, closed circuit television p display involving a person or productions and the like. BROOKLYN CENTER POST r"- -ed in connection therewith, in- B persons, any of whom are nude, Section 19 -1804. Unlawful public ig but not limited to filing fees, clad in undergarinents or in display 1 ce fees, publication fees, at- sexually revealing costumes and It shall be unlawful for any person to 8801 Bass Lake Road torneys fees, appraisal f ees, witnesses who are engaged in activities display to public view at news stands, fees, traveling expenses, ad- involving the flagelation, torture, stores, business establishments and in MINNEAPOLIS, MINNESOTA 55428 r- 'strativa time of City" staff am- fettering, binding or other any public place where minors are or ns and the like. The Court shall I physical restraint or physical may be invited, allowed or suffered or ine said expenses, correct them abuse of any person.. %any private place where said display if necessary and allow the eity's.ex 3.. Masturbation, excretory func is openly and easily visible to mem DATE OF PUBLICATION pense account. tions and lewd exhibitions of the bers of the general public, any device, The person or persons charged with human genitals including any contrivance, movie, picture, book, keeping, containing, "producing, explicit, close up representation magazine, recording, advertisement permitting, allowing or conducting of a human genital organ or a or the like the cover or external said nuisance shall pay said expenses fully exposed view focusing upon covering of which exploits, is devoted but if Tn default of payment by 1 Oc- the open and uncovered human to, shows, exhibits, describes, or tober, the City Clerk shall certify the male or female sexual organ. depicts any nudity, sexual conduct, amount to the County Auditor for 1 4. Physical contact or simulated Lewdness, indecency, sadomaso. ATTORNEY entry on the tax lists of the County as a physical contact with the clothed tchistic abuse, illicit sex, lust or per rspecial charge against the real estate or unclothed pubic areas or version. used in connection with said nuisance buttocks of a -human Person or Section 19.1805. Penalty or upon which or within which said the breasts of a human female Any person found guilty by a lawful nuisance was kept, maintained, whether alone or between authority of violating any provision of ►educed, permitted, conducted or members of the same or opposite this ordinance shall be guilty of a red and said sum shall be sex or between humans and misdemeanor and shall be punished .clad in a manner as other taxes and paid over to the municipal animals in an act of actual or by a fine of not more than $500 and by treasury.. simulated sexual stimulation or imprisonment for not longer than 90 gratification. days or both. Section 19 -1811. Severability S. Any device designed or marketed 1 .Section 19 -1806. Liability for .the every section, provision or part of as useful primarily for the crimes of another FILED ahis ordinance is declared separable stimulation of human genital Every person who commits or at- from every other section, provision or -organs. tempts to commit, conspires to ;part to the extent that it any section, arovision or part of the ordinance shall 6. Male or female genitals in a state commit or aids and abets in the be held invalid, such holding shall not of sexual stimulation or arousal. commission of any act constituting a invalidate any other section, provision 7. Covered male .genitals in a violation of this ordinance or any act, or part thereof. discernibly turgid state. which constitutes an omission and Section 2. This ordinance shall 1. "Person" shall include individuals, therefore a violation of this ordinan become effective 1 firms, partnerships, corporations, whether individually or in connection B ROOKLYN CENTER POST days and i B joint ventures, clubs, associations, with one or more persons or as prin- u pon (30) days following its and organizations and shall further cipal, agent, or accessory, shall be leggal al publication. ation. include the officers, agents, part- fuilty Of such offense and every Adoptedihir day of ners, directors and employees person who falsely, fraudulently, 1 1 119 thereof. forcibly or willfully induces, causes, ATTEST: Mayor J. "Minor" means any natural person coerces, requires, permits or directs Clerk under the age of 18 years. another to violate any of the provisions (Boldface type indicates new matter.) K. "Nudity" means. theshowingonf'Mg. of this chapter is likewise guilty of (Published in the Brooklyn Center human male or female gaitals, such offense. Post March 30th, 1978.) l pubic area or buttocks.. wit$ less Section 19 -1807; Public nuisance than a fully opaque covering or the The sale, distribution, trading in, showing of the female breash with dealing in, giving, showing, exhibition, less then a fully opaque coverng of performance or production of any any portion thereof below a pint obscene work or material is hereby immediately above the areas or declared to be a nuisance.. the depiction of covered Tale genitals in a discernibly ttgid. state.