HomeMy WebLinkAboutCC ORD 1967-1161 Distribution of pornographic material to minors (Repealed by 1166)ORDINANCE NO. 1161
AN ORDINANCE REGULATING THE DISTRIBUTION
OF HARMFUL MATERIAL TO MINORS
BE IT ORDAINED by the City Council of the City of
National City, as follows:
SECTION 1. Purpose and Intent. The citizens of
this City have a legitimate and exigent interest in the pre-
vention of the distribution of material deemed harmful to
minors. While the laws of this State prevent the sale or
distribution of obscene matter, no distinction is made in
such laws as to matter which is deemed harmful to minors.
Recognizing that the total suppression of material
deemed harmful to minors would reduce the adult population of
this City to reading, viewing and otherwise observing that
which is fit only for children, the further purpose and in-
tent hereof is to distinguish between adults and minors as to
material deemed fit for them, and to prohibit the distribution
to minors of material, which, while not prescribed for adult
consumption under the law as interpreted by the courts, is
nevertheless deemed harmful to children, thereby serving the
spiritual, emotional, mental and physical welfare of our
youth and of all the citizens of this City.
SECTION 2. Definitions. As used in this section:
(a) "Minor" means any person under the age of 18
years.
(b) "Material" means any book, magazine, newspaper,
or other printed or written material, or any picture, drawing,
photograph, movie picture or other pictorial representation,
or any statue or other figure, or any recording, transcription
or mechanical, chemical or electrical reproduction.
(c) "Person" means any individual, partnership,
firm, association, corporation or other legal entity.
(d) "Distribute" means to transfer possession of,
whether with or without consideration.
(e) "Exhibit" means to show.
(f) "Knowingly" means having knowledge of the
character and content of the subject matter, or failing to
exercise reasonable inspection which would disclose the con-
tent and character thereof.
(g) "Harmful Material" means that type or quality
of material which, taken as a whole, is patently offensive to
the prevailing community standard with respect to what is suit-
able material for minors in that the predominant appeal of the
material is to the lascivious interest of minors: i,e., tend-
ing to excite lustful thoughts and desires by its description,
account or display of nudity, sex or sexual behavior.
SECTION 3. It shall be unlawful for any person
who, with knowledge that a person is a minor, or who fails
to exercise reasonable care in ascertaining the true age
of a minor, knowingly distributes to, or exhibits to, or
offers to distribute or exhibit to such minor any harmful
material.
SECTION 4. Proof that the defendant or his em-
ployee or agent demanded and was shown and acted in reliance
upon any of the following documents as proof of the age of a
minor shall be a defense to any criminal prosecution under
this section:
A document issued by the federal government, or
any state, country, or municipal government or subdivision or
agency thereof, including but not limited to a driver's license,
a registration certificate issued under the Selective Service
Act, or an identification card issued to a member of the armed
forces identifying the holder and showing that the holder is
18 years of age or over.
PASSED AND ADOPTED by the City Council of the City of National City, California, this 28th
day ofarch 19 6 , by the following vote, to -wit:
AYES:
Councilmen Col burn, Harris, Hogue, Reid
NAYS: Councilmen Morgan
ABSENT:
ATTEST:
None
Mayor of the ity ational City, California
I hereby pp a rove the foregoingD ' }this 28th day of March
Ordinance J
19 67
Mayor of the ity of tional ity, California
I hereby certify that the above and foregoing is a full and true copy of Resolution No
Ordinance
of the Resolutions of the Cityof National City, California, as adopted bythe CityCouncil of said
Ordinances Y�p
City, and approved by the Mayor of said City, on the day of , 19
City Clerk of the City of National City, California.
Deputy