HomeMy Public PortalAbout2303-1967 - Prohibits obscene literatrure and other materialsGENERAL ORDINANCE NO, 2303-1967
AN ORDINANCE TO PROHIBIT POSS►ESSION9 SALE* EXHIBITION OR DISTRIBUTION OF OBSCENE
LITERATURES PICTURES, OR OTHER MATERIAL IN THE CITY OF RICHWNDs WAYNE COU Ms INDIANA.
WHEREASe The sale of such obscene periodicals and films has increased materially in the
last few years, and as a matter of public policy, it is utterly without redeeming social
Importance.
NOW THEREFORE9 BE IT 0RDAINED by the Common Council of the City of Richmond, Indiana.
SECTION 1. DEFINITIONS. As used in this ordinances
(A) "Obecene" means that which, considered as a whole, has as its dominant theme or
purpose an appeal to prurient interest.
(3) "Prurient interest" is defined as a shameful or morbid interest in nudity, sex,
or excretion, which goes substantially beyond customary limits of condor in description
or representation of such matters. If it appears from the character of the material or
th+,circumstancoe of its dissemination that the subject matter is designed for a specially
susceptible audience, the appeal of the subject matter shall be judged with reference
to such salience. For the purpose of Section 49 when the subject matter is distributed
to minors under 18 years of age, the appeal of the subject matter shall be judged with -
reference to an average person of the actual age of the minor to whom such material
is distributed. In all other cases, the appeal of subject matter shall be judged with
reference to the avers" person in the community.
(C) "Totter" weans any boa.ks magazines newspaper, or other printed or written material
or any pichncep drawings photographs motion pictures or other pictorial representation
or any status or other figures or any recording.
(D) "person" means any individuals partnership, firma, associations corporation or
other legal entity..
(E), "Distribute" means to transfer possession of, whether with or without consideration.
(F) "1nowingly" means having actual or constructive. knowledge of the contents of the
subject matter. A person has constructive knowledge of the contents if he has knowledge
of facts. which would put a reasonable and prudent man on notice as to the suspect nature
of the materials and the failure to inspect their ontents after having knowledge of
foots which would put a reasonable and prudent men on.+notice as to the suspect.nature
of the -material is either for the purpose of avoiding such disclosures or is due to
secklaaa conduct. Conduct is reckless when it consciously disregards a substantial
w wnjuatifisble risk that matter may be obscene. The risk mast be of such a nature
sand degw that, considering the nature and purpose of the actor's conduct and the
oiranasta+r+ces'known to hies its disregard involves a gross deviation from the standard
of conduct that a.law-al3iding person would observe in.the actor's situation.
AFFIRMATIVE DEFENSE, It is not innocent but calculated purveyance which
s enereiad. This ordinance shall not apply to persons who may possess or distribute
obscems matter or participate in conduct otherwise prescribed by this ordinance when
such poseessionss distribution or conduct occurs in the course of law enforcement
activities or in the courts of bona fide scientific, educational, or comparable,
research or stmiys or like circumstances of justification where the possession,
distribution or conduct is not related to the subject matter's appeal to prurient
interest.
GENERAL SALE OR DISTRIBUTION.OF OBSCENE MATTER. It shall be unlawful
fm my person who knowinglys sends or causes to be sent, or brings or causes to be
besihts into this city for sale or distributions or in this city prepares, publishes,
p'rintsp exhibits, distributes, or offers to distribute, or has in his possels on with
intent to distribute or to exhibitor offer to distributes any obscene matte
WoDI37MY 't'ION OF OBSCENE MATTER Tb MINORs It 'shall be unlawful for any
with knowledge that a person is a minor under" 18 years of ages or whop
vUle in possession of such facts that he should reasonably know that such person is
a vinw tnnrer IS yews of agep knowingly sends or causes to be sent, exhibits,
dtltsiintos, or offers to distribute any obscene matter to a minor under le years of
Sw'
Gen. Ord, No, 2303-1967 Cont.
Sj&nQl 5S RBQUIRING PURCHASER OR CONSIGNEE TO RECEIVE OBSCENE MATTER AS CONDITION
TO SALES PENALTY. Every person Mho, knowingly, as a -condition to a sale, allocation,
consignment, or delivery for resale of any paper, magazine, book, periodical, publication
or other merchandise, requires that the purchaser or consignee receive and• matter
reasonably believed by the purchaser or consignee to be obscene, or who denies or
threatens to deny a franchise, revokes or threatens to revoke, or impose any penalty,
financial or otherwise, by reason of the failure of any person to accept such matter,
or by reason of the return of such matter, is guilty of a misdemeanor.
@K1121 13,._ SPECIAL VERDICT. The jury, or the court, if a jury trial is waived,
shall render a general verdict, and must also render a special verdict as to whether
the matter named in the charge is obscene. The special verdict or findings on the
Issue of obscenity may be: *We find the,,_,._(title or description of matter) to be
obscene." or, "We find the_(title or description of matter) not to be obscene,"
as they find each item is or is not obscene. A special verdict shall not be admissable
as evidence in any other proceeding, nor shall it be res judicats of any question in
any other proceeding.
PENALTY:
A Any person who violates the provisions of Section 3 of this Ordinance shall be
guilty of a pisdsmasaiar.: and upon conviction thereof shall be fined not less than
$1000,00 nor more than $300.00, or in prison for not more than six (6) months, or both.
(B) Any person who violates the provisions of Section 4 of this Ordinance shall be
guilty of a misdeftanor and upon conviction thereof shall be fined not less than
S20O.00 nor more than $300.00, or in prison for not more than six (6) months or both.
VALIDITY AND SEPARABILITY. Should any section, paragraph, sentence or
worO of this Ordinance be declared for any reason to be invalid, such invalidity shall
not affect the validity or enforceability of any other section, paragraph, sentence
or word,
SEM-ON 9. EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and approval by the Mayor and publication as provided by law.
PASSED the C amen Council of the City of Richmond, Indiana, this �` day
of. „ _. _ r,1967..
?Udkn�tof Common ncil
Attests
City Cla
by me, Ather J. Reeg, City Clerk to the Honorab Mayor, Edward L. Cordell,
this. S day of .� .1967.
City Cl k
AVPWVW by me, Edward L. Cordell, Mayor of the City of Richmond, Indiana, this_�C_dsy
of91967.
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