HomeMy WebLinkAbout1977-1078 - Ordinance - 06/09/1977ORDINANCE NO. 1078
AN ORDINANCE PROHIBITING THE SALE, DISTRIBUTION, OR DISPLAY OF HARMFUL MATERIAL
TO MINORS; DEFINING CERTAIN TERMS; PROVIDING A PENALTY FOR THE VIOLATION OF THE
PROVISIONS OF THIS ORDINANCE BY FINE; AND CONTAINING A SEVERABILITY CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
It shall be unlawful for any person, firm or corporation, to sell,
distribute, or display harmful material to minors.
A. A person commits an offense, if, knowing the theme of the material:
1. He sells, distributes, exhibits, or possesses for sale,
distribution, or exhibition to a minor harmful material.
2. He displays harmful material at newstands or other business
establishments frequented by minors or where minors are or
may be invited as part of the general public.
3. He hires, employs, or uses a minor to do or accomplish or
assist in doing or accomplishing any of the acts prohibited
in Subsection A(1) or A(2) of this Section.
B. For purposes of this ordinance the following definitions of terms
shall be used:
1. "Minor" means an individual younger than 17 years of age.
2. "Harmful material" means material whose dominant theme taken
as a whole:
a. Depicts, describes, or represents:
i. sexual conduct;
ii. with less than complete opaque covering, an
individual's genitals, pubic area, or buttocks
or a female individual's breast or portion of
breast below the top of the nipple;
iii. an individual's genitals in a state of sexual
stimulation or arousal;
iv. flagellation or other torture by or of an individual
or in a revealing costume or who is fettered, bound,
or otherwise physically restrained;
v. masturbation or excretory functions, or
vi. fondling of an individual's clothed or unclothed
genitals, pubic area, or buttocks or of a female
individual's clothed or unclothed breasts, and
b. Is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable for
AW minors, applying contemporary community standards, and
c. Lacks serious literary, artistic, political, or scientific
value for minors. a"
ORDINANCE NO. 1078 Page 2
3, "Individual" shall mean any person, firm, business association
or corporation.
C. Any individual who violates a provision of this ordinance is guilty
of a separate offense for each day or portion of a day during which
the violation is committed, continued, or permitted, and each
offense under this ordinance is punishable by a fine not to exceed
two hundred dollars ($200).
D. Should any section or provision of this ordinance be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole or any part
thereof other than the part so declared to be unconstitutional or
invalid.
PASSED AND APPROVED this 9th day of June, 1977.
APPROVED
Mayor
ATTEST
City Secretary