86-9162 Harmful Materials(Published in The Salina Journal Octobero2Y, 1986)
ORDINANCE NUMBER 86-9162
AN ORDINANCE PROHIBITING THE DISPLAY, SALE, DISTRIBUTION,
11OR PRESENTATION TO A MINOR OF ANY MATERIAL WHICH IS HARMFUL TO A
MINOR, AND PROVIDING PENALTIES IN THE EVENT OF VIOLATION; AMENDING
ARTICLE VII OF CHAPTER 25 OF THE SALINA CODE BY ENACTING DIVISION
5.
BE IT ORDAINED by the City of Salina, Kansas:
Section 1. That Article VII of Chapter 25 of the Salina Code is
hereby amended by adding Division 5, which shall read as follows:
CHAPTER 25
ARTICLE VII
DIVISION 5
DISPLAYING MATERIAL HARMFUL TO MINORS
Section 25-200. Definitions.
For the purpose of this article:
a. The average adult person applying contemporary
community standards would find that the material
or performance has a predominant tendency to
appeal to a prurient interest in sex to minors; and
b. The average adult person applying contemporary
community standards would find that the material
or performance depicts or describes nudity, sexual
conduct, sexual excitement or sadomasochistic
abuse in a manner that is patently offensive to
prevailing standards in the adult community with
respect to what is suitable for minors; and
C. The material or performance lacks serious literary,
scientific, educational, artistic, or political value
for minors.
(1) "Minor" means any unmarried person
under the age of
female genitals, pubic area, or buttocks with less than
eighteen (18) years.
a full opaque covering; the showing of the female
breast with less than a full opaque covering of any
(2) "Harmful to Minors"
means that
quality of any
depiction of covered male genitals in a discernibly
description, exhibition,
presentation
or representation,
(4) "Sexual conduct" means the act of masturbation,
in whatever form, of
nudity, sexual conduct, sexual
excitement, or sadomasochistic abuse
when the material
area, buttocks, or, if such person be a female, breast.
or performance, taken
as a whole,
has the following
characteristics:
a. The average adult person applying contemporary
community standards would find that the material
or performance has a predominant tendency to
appeal to a prurient interest in sex to minors; and
b. The average adult person applying contemporary
community standards would find that the material
or performance depicts or describes nudity, sexual
conduct, sexual excitement or sadomasochistic
abuse in a manner that is patently offensive to
prevailing standards in the adult community with
respect to what is suitable for minors; and
C. The material or performance lacks serious literary,
scientific, educational, artistic, or political value
for minors.
(3) "Nudity" means the showing of the human male or
female genitals, pubic area, or buttocks with less than
a full opaque covering; the showing of the female
breast with less than a full opaque covering of any
portion thereof below the top of the nipple; or the
depiction of covered male genitals in a discernibly
turgid state.
(4) "Sexual conduct" means the act of masturbation,
homosexuality, sexual intercourse, or physical contact
with a person's clothed or unclothed genitals, pubic
area, buttocks, or, if such person be a female, breast.
(5) "Sexual excitement" means the condition of human male
or female genitals when in a state of sexual stimulation
or arousal.
(6) "Sadomasochistic abuse" means flagellation or torture by
or upon a person 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.
(7) "Material" means any book, magazine, newspaper,
pamphlet, poster, print, picture, figure, image,
description, motion picture film, record, or recording
tape, video tape.
(8) "Performance" means any motion picture, film, video
tape, played record, phonograph or tape, preview,
trailer, play, show, skit, dance, or other exhibition
performed or presented to or before an audience of one
or more, with or without consideration.
(9) "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 or
performance which is reasonably susceptible of
examination by the defendant; and
b. The age of the minor; however, an honest mistake
shall constitute an excuse from liability hereunder
if the defendant made a reasonable bona fide
attempt to ascertain the true age of such minor.
(10) "Person" means any individual, partnership,
association, corporation, or other legal entity of any
kind.
(11) "A reasonable bona fide attempt" means an attempt to
ascertain the true age of the minor by requiring
production of a driver's license, marriage license, birth
certificate or other governmental or educational
identification card or paper and not relying solely on
the oral allegation or apparent age of the minor.
"Section 25-201. Offenses.
No person having custody, control or supervision
of any commercial establishment shall knowingly:
a. Display material which is harmful to minors in such
a way that minors as a part of the invited general
public, will be exposed to view such material,
provided however, a person shall be deemed not to
have "displayed" material harmful to minors if the
material is kept behind devices commonly known as
"blinder racks" and that the lower two-thirds of
the material is not exposed to view.
b. Sell, furnish, present, distribute, allow to view,
or otherwise disseminate to a minor, with or
without consideration, any material which is
harmful to minors; or
C. Present to a minor or participate in presenting to
a minor, with or without consideration, any
performance which is harmful to a minor.
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1
"Section 25-202. Defenses.
It shall be an affirmative defense to any
prosecution under this Article that:
The material or performance involved was displayed,
presented or disseminated to a minor at a recognized
and established school, church, museum, medical clinic,
hospital, public library, governmental agency,
quasi -governmental agency and persons acting in their
capacity as employees or agents of such persons or
organizations, and which institution displays, presents
or disseminates such material or performance for a bona
fide governmental educational or scientific purpose.
"Section 25-203. Penalties.
Any person who shall be convicted of violating any
provision of this Article is guilty of a misdemeanor and shall
be punished by a fine of not more than Five Hundred Dollars
($500), or by imprisonment for a period of not exceeding six
(6) months, or by both such fine and imprisonment, at the
discretion of the court. Each day that any violation of this
Article occurs or continues shall be punishable as a separate
violation. Every act, thing, or transaction prohibited by
this Article shall constitute a separate offense as to each
item, issue or title involved and shall be punishable as such.
For the purpose of this Article, multiple copies of the same
identical title, monthly issue, volume and number issue or
other such identical material shall constitute a single
offense."
Section 2. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
[SEAL]
ATTEST:
ti
Lam! _ a444_xlly-
D. L. Harrison,
City Clerk
Introduced: September 22, 1986
October 20, 1986
Ritter, Mayor
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