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HomeMy WebLinkAbout1978-07 04-10 CCO CITY OF BROOKLYN CENTER ORDINANCE NO. 78 -7 i AN ORDINANCE AMENDING CHAPTER 19 PROHIBITING AND REGULATING THE DISSEMINATION OF PORNOGRAPHY AND RELATED MATERIALS WITHIN THE CITY OF BROOKLYN CENTER THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 19 of the City Ordinances of the City of Brooklyn Center is hereby amended by the addition of the following: Section 19 -1800. Statement of Purpose The City Council of the City of Brooklyn Center seeks to discharge its 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 environ- ment in the community; to safeguard the dignity of its citizens and protect and defend their morals, character and privacy and that of their children from indecent intrusion; and to-preserve and improve the quality of local commerce and the standards of life in the City. The City Council adopts the findings of the United States Supreme Court that: The sum of experience, including that of the past two decades, affords an ample basis for legislatures to conclude that a sensitive key relationship of human existance, central to family life, community welfare and the development of human personality, can be debased and distorted by crass, commercial exploitation of sex, The City Council finds that pornography produces an irretrievable erosion in human values, decency and spirit especially affecting young adults and children and further recognizes the unsettling hypothesis that there is an arguable corrolation between the unrestricted use of pornography and incidence of criminal acts. In light of these findings and with deep and grave concern for the future well -being of the community, the Citv Council hereby prohibits the use, sale, transfer, barter, trade, exhibition and production of pornography. Section 19 -1801. Definitions The following terms will have the following definitions for the purpose of this ordinance. A. "Obscene is the descriptive adjective used to modify or qualify any material or performance which is an obscene work. ORDINANCE NO. 78 -7 B. "Obscene Work" or Obscene Material" means any work including but not limited to books, movies, pictures, magazines, exhibitions, productions. recordings and the like which, taken as a whole, appeal to the prurient interest in sex, which portray sexual 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 averaae person, applvina contemporary communitv standards would find that the work or material,; taken as a whole, appeals to the prurient interest in sex; and 2. That the work or material depicts or describes in a patently offensive 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 of an obscene work or obscene material; and 3. That the work, taken as a whole, lacks serious literarv, artistic, political or scientific value. C "Material" means any tangible propertv including but not limited to books, printed material, magazines, movies, pictures, plays, ex- hibitions 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 plav, motion picture, dance or other exhibition performed before an audience. E. "Prurient Interest" means having, exhibiting or lending itself to a shameful, morbid or lacivious interest in or thouahts about or desires as to nudity, sex, or the bodily functions of human beings. F. "Community Standards" means the contemporary community standards of that community from which the trier of fact is from including his community or the vicinage from which he comes. G. "Patently Offensive" means so offensive on its face as to affront current standards of decency. H. "Patently Offensive Sexual Conduct" shall be deemed to include any of the following described sexual conduct if depicted or described in a patently offensive way: 1. An act of sexual intercourse, normal or perverted, actual or simulated, including genital -to- genital contact, anal -to- genital contact, or oral -to- genital intercourse, whether between human beings or between a human being and an animal. ORDINANCE NO. 78 -7 2. Sadomasochistic a w f' an c s Buse hick is defined as y scene, exhibition. act. enactment. re- enactment or displav involvina a person or Persons, any of whom are nude, clad in under- garments or in sexually revealing costumes and who are en- gaged in activities involving the flagelation, torture, fettering, binding or other physical restraint or physical abuse of any person. 3. Masturbation, excretory functions and lewd exhibitions of the human genitals including any explicit, close up representation of a human genital organ or a fully exposed view focusing upon the open and uncovered human male or female sexual organ. 4. Physical contact or simulated physical contact with the clothed or unclothed pubic areas or buttocks of a human person or the breasts of a human female whether alone or between members of the same or opposite sex or between humans and animals in an act of actual or simulated sexual stimulation or gratification. 5. Any device designed or marketed as useful primarily for the stimulation of human qenital organs. 6. Male or female genitals in a state of sexual stimulation or arousal. 7. Covered male genitals in a discernibly turgid state. I. "Person" shall include individuals, firms, partnerships, corporations, joint ventures, clubs, associations, and organizations and shall further include the officers, agents, partners, directors and employees thereof. J. "Minor" means any natural person under the age of 18 years. K. "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or the showing of the female breasts with less than a fully opaque coverina of anv portion thereof below a point immediately above the areola or the depiction of covered male genitals in a discernibly turgid state. Section 19 -1802. Distribution and Exhibition of Pornography It shall be unlawful for any person to sell, give away, barter, trade, deal in, produce, perform, show, exhibit or possess with an intent to sell, give away, barter, trade, deal in, show or exhibit any obscene work or material including but not limited to works or materials such as obscene books, magazines, Pictures, movies, printed material, recordings, closed circuit television productions or exhibitions and the like ORDINANCE NO. 78 -7 Section 19- 1803. Distribution and Exhibition of Pornoaraphv to Minors It shall be unlawful for anv person to sell, Give away barter, trade, deal in, produce, perform, show, exhibit or possess with intent to sell, Give away, barter, trade, deal in. show or exhibit to anv minor anv work or material including but not limited to books, magazines, Pictures, movies, printed material, recordinas, closed circuit television productions or exhibitions and the like which depict or show nudity as defined in this ordinance or any obscene work or material including but not limited to obscene books, magazines, ,pictures, movies, printed material, recordings, performances, closed circuit television productions and the like. Section 19 -1804. Unlawful public display It shall be unlawful for any person to displav to public view at news stands, stores, business establishments and in anv public place where minors are or may be invited, allowed or suffered or anv private place where said display is openly and easilv visible to members of the General public, any device, contrivance, movie, Picture. book, magazine, recording, advertise- ment or the like the cover or external covering of which exploits, is devoted to, shows, exhibits, describes, or depicts anv nudity, sexual conduct, lewdness, indecency, sadomasochistic abuse, illicit sex, lust or perversion. Section 19 -1805. Penalty Any person found auilty by a lawful authority of violating any provision of this ordinance shall be auilty of a misdemeanor and shall be punished by a fine of not more than $500 and by imprisonment for not longer than 90 days or both. Section 19 -1806. Liabilitv for the crimes of another Every person who commits or attempts to commit, conspires to commit or aids and abets in the commission of anv act constituting a violation of this ordinance or any act, which constitutes an omission and therefore a violation of this ordinance, whether individuallv or in connection with one or more persons or as principal, anent, or accessorv. shall be auilty of such offense and every person who falselv. fraudelently forcibly or willfullv induces, causes coerces, requires. permits or directs another to violate anv of the Provisions of this chapter is likewise auiltv of such offense. Section 19 -1807. Public nuisance The sale, distribution, tradina in dealing in, aivina showing, exhibition, Performance or production of anv obscene work or material is hereby declared to be a nuisance. Whenever the City Council determines that a nuisance is being kept, maintained, Produced, Permitted, conducted, allowed or exists, it may order the termination or abatement of that nuisance by the person or persons keepina, conducting, ma inta inina producing, permitting or a llowina that nuisance. ORDINANCE NO. 78-7 Section 19 -1808. Order The Order of the City Council shall be in writing, shall recite the allegations constituting the nuisance, provide a specified time for compliance and state that civil enforcement of the Order shall be undertaken if no com- pliance occurs. The Order shall be served in the manner of a Summons and Complaint in a civil action. Section 19- 1809. Enforcement If no abatement or termination of the nuisance occurs within the time prescribed in the Council Order, the Citv shall forthwith seek enforcement of its order in any appropriate civil proceeding. Section 19 -1810. Recovery of Expenditures The City shall keep an accurate account of expenses incurred in carrying out its order and abating the nuisance, including all expenses incurred in connection therewith, including but not limited to filing fees, service fees, publication fees, attorneys fees, appraisal fees, witnesses fees, traveling expenses, administrative time of City staff employees and the like. The Court shall examine said expenses, correct them if necessary and allow the City's expense account. The person or persons charged with keeping, containing, producing, .Permitting, allowing or conducting said nuisance shall pav said expenses but if in default of payment by 1 October, the City Clerk shall certify the amount to the County Auditor for entry on the tax lists of the County as a special charge against the real estate used in connection with said nuisance or upon which or within which said nuisance was kept, maintained, produced, permitted, con- ducted or allowed and said sum shall be collected in a manner as other taxes and paid over to the municipal treasury. Section 19 -1811. Severability Every section, provision or part of this ordinance is declared separable from every other section, provision or part to the extent that it any section, provision or part of the ordinance shall be held invalid, such holding shall not invalidate any other section, provision or part thereof. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 10th day of April 19 78 ORDINANCE NO. 78 -7 Mayor ATTEST: Crk Date of Publication March 30, 1978 Effective Date April 29, 1978 (Underline indicates new matter.)