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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. w.�