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Home My Public Portal About1996_08_13_O026'The 5[own of Leesburg, Virginia ORDINANCE NO. AN ORDINANCE: PRESENTED August 13, 1996 96-0-26 ADOPTED August 13, 1996 AMENDING THE TOWN CODE TO INCLUDE CHAPTER 22 OBSCENITY AND CHAPTER 23 PROHIBITED SALES AND LOANS TO JUVENILES THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Town Code is hereby amended to include the following chapter: Section 22-1. Obscene defined. Chapter 22 Obscenity The word "obscene," where it appears in this article, shall mean that which, considered as a whole, has as its dominant theme or purpose an appeal to the prurient interest in sex, that is, a shameful or morbid interest in nudity, sexual conduct, sexual excitement, excretory functions or products thereof or sadomasochistic abuse, and which goes substantially beyond customary limits of candor in description or representation of such matters and which taken as a whole, does not have serious literary, artistic, political or scientific value. Section 22-2. Obscene items enmnerated. For the purpose of this article, obscene items shall include: 0) (2) (3) Section (a) Any obscene book; or Any obscene leaflet, pamphlet, magazine, booklet, picture, painting, bumper sticker, drawing, photograph, film, negative, slide, motion picture, videotape recording; or Any obscene figure, object, article, instrument, novelty device or recording or transcription used or intended to be used in disseminating any obscene song, ballad, words or sounds. 22-3. Productions, publications, sale, possession, etc., of obscene items. It shall be unlawful for any person to knowingly: (1) (2) (3) Prepare any obscene item for the purpose of sale or distribution; or Print, copy, manufacture, produce or reproduce any obscene item for purposes of sale or distribution; or Publish, sell, rent, lend, transport in intrastate commerce, or distribute or exhibit any obscene item, or offer to do any of these things; or -2- ORDINANCE: CHAPTERS 22 AND 23 (4) Have in his possession with intent to sell, rent, lend, transport or distribute any obscene item. Possession in public or in a public place of any obscene item shall be deemed prima facie evidence of a violation of this section. (b) For the purposes of this section, "distribution" shall mean delivery in person, by mail or messenger or by any other means by which obscene items may pass from one person, firm or corporation to another. Section 22-4. Obscene exhibitions and performances generally. It shall be unlawful for any person knowingly to: (1) Produce, promote, prepare, present, manage, direct, carry on or participate in any obscene exhibitions or performances, including the exhibition or performance of any obscene motion picture, play, drama, show, entertainment, exposition, tableau or scene; provided that no employee or any person or legal entity operating a theater, garden, building, structure, room or place which presents such obscene exhibition or section if the employee is not the manager of the theater or an officer of such entity, and has no financial interest in such theater other than receiving salary and wages; or (2) Own, lease or manage any theater, garden, building, structure, room or place and lease, let, lend or permit such theater, garden, building, structure, room or place to be used for the purpose of presenting such obscene exhibition or performance or to fail to post prominently therein the name and address of a person resident in the locality who is the manager of such theater, garden, building, structure, room or place. Section 22-5. Advertising obscene items, exhibitions or performance generally It shall be unlawful for any person to knowingly prepare, print, publish or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement or any obscene item referred to in section 22-2 or of any obscene performance or exhibition referred to in section 22-4 stating or indicating where such obscene item, exhibition or performance may be purchased, obtained, seen or heard. Section 22-6. Obscene placards, posters, bills, etc. It shall be unlawful tbr any person to knowingly expose, place, display, postup, exhibit, paint, print or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing or picture which is obscene, or which advertises or promotes any obscene item referred to in section 22-2 or any obscene exhibition or performance referred to in section 22-4, or to knowingly permit the same to be displayed on property belonging to or controlled by him. -3- ORDINANCE: CHAPTERS 22 AND 23 Section 22-7. Coercing acceptance of obscene articles or publications. It shall be unlawful for any person, association, firm or corporation, as a condition to any sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publication, to require that the purchaser or consignee receive for resale any other article, book or other publication which is obscene; nor shall any person, firm, association or corporation deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure or refusal of any person to accept such articles, books or publications, or by reason of the return thereof. Section 22-8. Photographs, slides and motion pictures. Every person who knowingly: (1) Photographs himself or any other person for purposes of preparing an obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution; or (2) Models, poses, acts or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for purposes of sale or distribution: shall be guilty of a Class 3 misdemeanor. Section 22-9. Indecent exposure. It shall be unlawful for any person to intentionally make an obscene display or exposure of his person or the private parts thereof, in any public place, or in any place where others are present, or to procure another to so expose himself. Section 22-10. Employing or permitting minor to assist in offense under article. It shall be unlawful for any person to knowingly hire, employ, use or permit any minor to do or assist in doing any act or thing constituting an offense under this article. Section 22-11. Exceptions from article. Nothing contained in this article shall be construed to apply to: (1) The purchase, distribution, exhibition or loan of any book, magazine or other printed manuscript material by any library, school or institution of higher learning, supported by public appropriation. (2) The purchase, distribution, exhibition or loan of any work of art by any museum of fine arts, school or institution of higher learning, supported by public appropriation. -4- ORDINANCE: CHAPTERS 22 AND 23 (3) The exhibition or performance of any plan, drama, tableau or motion picture by any theater, museum of fine arts, school or institution of higher learning, supported by public appropriation. Section 22-12. Violations. Unless otherwise specifically provided within this Article, violations of this article shall constitute a Class 1 misdemeanor. SECTION II. The Town Code is hereby amended to include the following chapter: Chapter 23 Prohibited sales and loans to juveniles. Section 23-1. Definitions. As used in this article: (1) "Juvenile" means a person less than eighteen years of age. (2) "Nudity" means a state of undress so as to expose the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered or uncovered male genitals in a discernibly turgid state. (3) "Sexual conduct" means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttock or, if such be a female, breast. (4) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. "Sadomasochistic abuse" means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. (6) "Harmful to juveniles" means that quality of any description or representation, in whatever tbrm, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it (a) predominantly appeals to the prurient, shameful or morbid interest of juveniles, (b) is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for juveniles, and (c) is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for juveniles. ORDINANCE: CHAPTERS 22 AND 23 -5- (7) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both (a) the character and content of any material described herein which is reasonably susceptible of examination by the defendant, and (b) the age of the juvenile, provided however, than an honest mistake shall constitute an excuse fi.om liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such juvenile. Section 23-2. Unlawful acts. (a) (b) (c) (d) person the parent intent It shall be unlawful for any person knowingly to sell, rent or loan to a juvenile, or to knowingly display for commercial purpose in any manner whereby juveniles may examine and peruse: (1) Any picture, photography, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles, or (2) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subdivision (1) of this subsection, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to juveniles. It shall be unlawful for any person knowingly to sell to a juvenile an admission ticket or pass, or knowingly to admit a juvenile to premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct or sadomasochistic abuse and which is harmful to juveniles or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by juveniles not admitted to any such premises. It shall be unlawful for any juvenile falsely to represent to any person mentioned in subsection (a) or subsection (b) hereof, or to his agent, that such juvenile is eighteen years of age or older, with the intent to procure any material, set forth in subsection (a), or with the intent to procure such juvenile's admission to any motion picture, show or other presentation, as set forth in subsection (c). It shall be unlawful for any person knowingly to make a false representation to any mentioned in subsection (a) or subsection (b) hereof or to his agent, that he is or guardian of any juvenile, or that any juvenile is eighteen years of age, with the to procure any material set for in subsection (a), or with the intent to procure such juvenile's admission to any motion picture show or other presentation, as set forth in subsection (b). ORDINANCE: CHAPTERS 22 AND 23 -6- Substitute Section 23-3. Exceptions to application of article. Nothing contained in this article shall be construed to apply to: (1) The purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by an accredited museum, library, school, or institution of higher learning. (2) The exhibition or performance of any play, drama, tableau, or motion picture by any theater, museum, school or institution of higher learning, either supported by public appropriation or which is an accredited institution supported by private funds. Section 23-4. Violations Unless otherwise specifically provided within this Article, violations of this Article shall constitute a Class ! Misdemeanor. SECTION III. This ordinance shall be in effect upon its passage. PASSED this 13eh day of , 1996. ATTEST: Clerk of Council · Clem, Mayor of Leesburg O:ch2223