Title 7 PUBLIC PEACE, SAFETY AND MORALS
Chapter 7.80 SALE OF HARMFUL MATERIALS TO MINORS
7.80.010 Harmful material--Described.
7.80.020 Harmful material--Sale or exposure to persons under twenty-one prohibited.
7.80.030 X-rated films--Described--Display Prohibited.
7.80.040 Exceptions to chapter applicability.
7.80.050 Violation--Penalty.
7.80.010 Harmful material--Described.
It is unlawful for any person with knowledge that a person is
under twenty-one years of age, or who fails to require proof of age and exercise
reasonable care in determining the age of such person, to sell, deliver, offer
for sale, distribute, publish, print or exhibit to any person under twenty-one
years of age any harmful material with knowledge of the content thereof, or
recklessly failing to exercise reasonable inspection which would have disclosed
the nature or content thereof, whether writing, picture, moving picture, record,
or other representation or embodiment of harmful material, or to present or to
direct a harmful play or other performance, or to perform a harmful act, or
otherwise promote the sale of harmful material to any person under twenty-one
years of age. (Ord. 82-1039 § 1, 1982)
7.80.020 Harmful material--Sale or exposure to persons under twenty-one prohibited.
A thing shall be deemed to be "harmful" which in whole or in
part depicts or describes nude persons, sexual acts, normal or perverted sexual
conduct, whether actual or simulated, representations of masturbation, excretory
functions, or the human genitals. A thing shall also be deemed "harmful" which,
when taken as a whole, appeals to an interest in violence and lacks serious
literary, artistic, political or scientific value, and which depicts or
describes the shooting, stabbing, mutilating, maiming, torturing, burning,
strangling or striking of a human being. (Ord. 82-1039 § 2, 1982)
7.80.030 X-rated films--Described--Display Prohibited.
Nothing in this chapter shall prohibit any public Library or
accredited educational institution from circulating harmful material to any
person under the age of eighteen years, provided such circulation was with
parental consent and was for a legitimate scientific or educational purpose.
Nothing in this chapter shall prohibit a parent from distributing to his child
any harmful material. (Ord. 82-1039 § 3, 1982)
7.80.040 Exceptions to chapter applicability.
(a) Any film which, because of its theme, content or
treatment, is objectionable for persons under the age of twenty-one shall be
designated "X." For the purpose of this chapter, such film shall include any
film which, when considered as a whole, has a calculated purpose or dominant
effect that is substantially to arouse sexual desire and the effect of which is
so great as to outweigh whatever artistic or other merits the film any possess,
and of which to a person under twenty-one years of age, applying contemporary
community standards, the dominant theme of the material, taken as a whole,
appeals to prurient interests, or because of its treatment of violence, crime or
profanity, is objectionable for viewing by persons of that age.
(b) Any film designated "X" shall be maintained in a separate
restricted area. No X-rated film, promotional materials or other literature
relating to the same shall be publicly displayed, and private on-site screening
of such film is hereby prohibited. (Ord. 82-1039 § 4, 1982)
7.80.050 Violation--Penalty.
Any person, firm or corporation violating the provisions of
this chapter shall be guilty of a misdemeanor and shall be fined not less than
fifty dollars nor more than five hundred dollars, and may be incarcerated in a
penal institution other than the penitentiary not to exceed six months. (Ord.
82-1039 § 5, 1982)
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