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HomeMy WebLinkAboutOrdinance 872ORDINANCE NO. 872 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977 PERTAINING TO UNLAWFUL DISPLAY TO MINORS OF INDECENT PUBLICATIONS, PICTURES OR ARTICLES The City Council of the City of Columbia Heights does ordain: Section 1. Section 10.310 of Ordinance No. 853 of the City Code of 1977 shall hereafter read as follows, to-wit: Section 10 - DISPLAY TO MINORS OF INDECENT PUBLICATIONS 10.310 (1) - No person shall knowingly display to view at newsstands or any other business establishment frequented by minors under the age of eighteen (18) years or where said minors are or may be invited as a part of the general public, any motion picture, or any still picture, or any photograph, or any book, pocket book, pamphlet, or magazine the cover of which exploits, is devoted to, or is principally made up of descriptions or depictions of illicit sex or sexual immorality or which is lewd, lascivious, or indecent, or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or exploit sex, lust or perversion for commercial gain or any article or instrument of indecent or immoral use. 10.310 (2) - As used in this section, the terms defined herein shall have the following meanings ascribed to them: (A) "Description or depiction of illicit sex or immorality" means: i. human genitals in a state of sexual stimulation or arousal ii. acts of human masturbation, sexual intercourse, or sodomy iii. fondling or other erotic touching of human genitals, pubic region, buttock or female breast. (B) "nude or partially denuded figures" means: i. less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and ii. human male genitals in a discernibly turgid state, even if completely and opaquely covered. (C) "knowingly" means having knowledge of the character of the publication or failure on notice to exercise reasonable inspection which would disclose the character of the same." Section 2. Effective Date This ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: August 23, 1977 September 12, 1977 September 12, 1977 Offered by: Heintz Seconded by: Norberg Roll Call: Ail Ayes SEcretary Bruce G. Nawrocki, Mayor