HomeMy WebLinkAboutOrdinance 873ORDINANCE NO. 873
BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977,
PERTAINING TO THE UNLAWFUL DISSEMINATION OF MATERIALS
WHICH ARE HARMFUL TO MINORS
The City Council of the City of Columbia Heights does ordain:
Section 1. Section 10.311 of Ordinance 853, City Code of 1977, shall hereafter
read as follows, to-wit:
SECTION 11 - DISSEMINATION TO MINORS OF UNLA~FUL MATERIALS
10.311 (1) - No person shall knowingly disseminate, sell or loan for monetary
consideration to a minor:
(A) Any picture, photograph, drawing, sculpture, motion picture, film,
or similar visual reproduction or image of a person or portion of
the body which depicts nudity, sexual conduct or sado-masochistic
abuse and which is harmful to minors; or
(B) Any book, pamphlet, magazine, printed matter however reproduced, or
sound recording which contains any matter enumerated in the preceding
subparagraph (A) hereof, or which contains explicit or detailed verbal
accounts of sexual excitement, sexual conduct or sado-masochistic
abuse and which, when taken as a whole, are harmful to minors.
10.311 (2) - No person shall knowingly exhibit for a monetary consideration to a
minor Or knowingly to sell to a minor an admission ticket or pass or knowingly to
admit a minor for a monetary consideration to premises whereon there is exhibited
a motion picture, show, or other presentation which, in whole or in part~ depicts
nudity, sexual conduct, or sado-masochistic abuse and which is harmful to m|nors.
10.311 (3) - As used in this section, the terms defined in this section shall have
the following meanings ascribed to them:
(A) "Minor" means any person under the age of eighteen (18) years.
(B) "Nudity: means the showing of the human male or female genitals, pubic
area, or buttocks with less than a full opaque covering, or showing the
female breast with less than a full opaque covering, or the showing of
the female breast with less than a full opaque covering of any portion
thereof below a point immediately above the areola, or the depiction of
covered male genitals in a discernibly turgid state.
(C) "Sexual conduct" means acts of masturbation, homosexuality, sexual
intercourse, or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or female breast.
(D) "Sexual excitement" means the condition of the human male or female
genitals when in a state of sexual stimulation or excitement.
(E) "Sado-masochistic abuse" means flagellation or torture by or upon a
person clad in undergarments, in a revealing costume, a mask or
bizarre costume, or the condition of being fettered~ound or otherwise
physically restrained on the part of th~ 0n~ s0 clothed.
(F) "Harmful to minors" means that quality of any description or
representation, in whatever form, of nudity, sexual conduct, sexual
excitement, or sado-masochistic abuse, when it:
i. taken as a whole appeals to the prurient interest in sex of
minors; and
ii. is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material
for minors~ and
iii. taken as a whole lacks serious literary or artistic or political
or scientific value.
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10.311 (4) - A person who engages in the conduct prescribed by this section is presumed
to do so with knowledge of the character and content of the material sold or loaned,
or the motion picture, show or presentation exhibited or to be exhibited.
10.311 (5) - In any prosecution for disseminating indecent material to minors, it is
an affirmative defense that the defendant has reasonable cause to believe that the
minor has reached his eighteenth (18th) birthday, and that such minor exhibited to
the defendant a draft card, driver's license, birth certificate or other official or
apparently official document purporting to establish that such minor had reached his
18th birthday.
10.311 (6) - The following are exempt from criminal or other action hereunder:
(A) recognized and established schools, churches, museums, medical clinics,
and physicians, hospitals, public libraries, governmental agencies or
quasi governmental sponsored organizations, and persons acting in
their capacity as employees or agents of such organization. For the
purpose of this section "recognized and established" shall mean an
organization or agency having a full time faculty and diversified
curriculum in the case of a school; a church affiliated with a
national or regional denomination; a licensed physician or phychiatrist
or clinic of licensed physicians or psychiatrists; and in all other
exempt organizations shall refer onto to income tax exempted organiza-
tions which are supported in whole or in part by tax funds or which
receive at least one third (1/3) of their support from publicly
donated funds.
(B) Individuals in a parental relationship with the minor.
Section 2. Effe6tive Date.
This ordinance shall be in full force and effect from and after thirty (30)
days after its passage.
First Reading: August 23, 1977
Second Reading: September 12, 1977
Date of Passage: September 12, 1977
Offered by: Heintz
Seconded by: Norberg
Roll Call: Ail Ayes
Bruce G. Nawrocki, Mayor
Secretary