HomeMy WebLinkAboutCC ORD 1968-1203 Distribution of pornographic material to minors (10.62)1203
ORDINANCE NO. 1203
AN ORDINANCE PROVIDING
THAT IT IS UNLAWFUL TO
KNOWINGLY EXHIBIT TO A
MINOR OR TO SELL TO A MI-
NOR AN ADMISSION TICKET
TO OR PASS TO OR ADMIT A
MINOR TO, OR FOR A MINOR
TO VIEW, A MOTION PICTURE,
SHOW, OR OTHER PRESENTA-
TION OR TO SELL OR LOAN
TO A MINOR FOR MONETARY
CONSIDERATION, OR- FOR A
MINOR TO PURCHASE OR POS-
SESS, ANY PICTURE, PHOTO-
GRAPH, DRAWING, SCULP-
TURE, BOOK, PAMPHLET,
MAGAZINE, PRINTED MATTER,
OR SOUND RECORDING WHICH
IN WHOLE OR IN PART DE-
PICTS NUDITY, SEXUAL CON-
DUCT OR SADO-MASOCHISTIC
ABUSE A.ND WHICH, TAKEN
AS A WHOLE, IS PATENTLY
OFFENSIVE BECAUSE IT AF-
FRONTS PREVAILING STAND..
ARDS IN THE ADULT COM-
MUNITY AS A WHOLE AS TO
WHAT I5 SUITABLE MATER-
IAL FOR MINORS, AND PRO-
VIDING A PENALTY FOR THE
VIOLATION HEREOF.
BE IS ORDAINED BY THE
CITY COUNCIL OF THE- CITY
OF NATIONAL CITY, CALIFOR-
NIA, as follows:
SECTION 1. Definitions. As
used in this Ordinance:
(a) "Minor" means any person
tinder the age of eighteen years.
(b) - "Nudity" means the show-
ing of the human male or fe-
male genitals, pubic area or but-
tocks 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
tbp of the nipple, or the depic-
tion of covered male genitals
iti a diseernibly turgid state.
(c) "Sexual conduct" means acts
Of masturbation; homosexuality,
sexual intercourse, or physical
contact with a person's clothed
or unclothed genitals, pubic area,
buttocks, or, if such' person be
female, breast.
(d) "Sexual excitement" means
the condition of human male or
female genitals when in a state
of sexual stimulation or arousal.
(e) "Sado-masochistic abuse"
means flagellation or torture by
d' upon a person clad in under-
garments, a mask or bizarre cos-
tume, or the condition of being
fettered, bound or otherwise
physically restrained on the part
Of one so clothed.
(f) "Harmful to minors" means
that quality of any description
or representation, in whatever
form, of nudity, sexual conduct,
sexual excitement, or sadomaso-
chistic abuse, when it:
(1) predominantly appeals to
the prurient, shameful or morbid
interest of minors, and
(2) is patently offensive to
Prevailing standards in the adult
community as a whole with re-
spect to what is suitable mater-
ial for minors, and
(3) is utterly without re-
deeming social importance for
Minors.
(g) "Knowingly" means hav-
ing general knowledge of, or
reason to know, or a belief or
ground for belief which warrants
further inspection or inquiry of
both:
(1) the character and con-
tent of any material described
herein which is reasonably sus-
ceptible of examination by the
defendant, and
(2) the age of the minor,
provided however, that an honest
mistake shall constitute an ex-
cuse from liability hereunder if
the defendant made a reasonable
bona fide attempt to ascertain
the true age of such minor.
(h) "Exhibit" means to show.
SECTION 2. It shall be unlaw-
ful for any person who, with
knowledge that a pe.-son is a
minor, or who fails to exercise
reasonable care in ascertaining
the true age of a minor, know-
ingly distributes to, or exhibits
to, or offers to distribute or ex-
hibit to such minor any harmful
material.
SECTION 3. Proof that the de-
fendant or his employee 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 prosecu-
tion under this section:
A document issued by the fed-
eraI' government, or any state,
county, or municipal government
or subdivision or agency thereof,
including but not Iimited to a
driver's license, a registration
certificate issued under the Se-
lective Service Act, or an identi-
fication card issued to a member
of the armed forces identifying
the holder and showing that the
holder is 18 years of age or over.
SECTION 4. Should any sec-
tion, sub -section, sentence, pro-
vision, clause or phrase of this
Ordinance be held to be invalid
for any reason, such holding
shall not render invalid any oth-
er section, subsection, sentence,
provision, clause or phrase of
this Ordinance, and the same are
deemed severable for this pur-
pose.
PASSED AND ADOPTED. by
the City Council of the City of
National City, California, this
13th day of August, 1968, by the
following vote, to -wit:
AYES: Councilmen Camacho,
Colburn, Hogue, Reid, Morgan
N'AYS: Councilmen None
ABSENT: None
Kile Morgan,
Mayor of the City of
National City, California
ATTEST: Ione Minogue
City Clerk
I hereby approve the forego-
ing Ordinance this 13th day of
August, 1968.
Kile Morgan,
Mayor of the City of
National City, California
I hereby certify that the above
and foregoing is a full and true
copy of Ordinance No. 120 of
the Ordinances of the Ci y of
National Cit Califo ' as
adopted ., he "ty
said Cit: , and app .v
Mayor
day of
(Signed) Ione inogue,
(Seal) City Clark of the
City of Nation ;1 City,
California.
NC-3908, 8/25/68
uncil
d by th
the 13th
AND I HEREBY CERTIFY
that the same- has een duly pub-
lished accoring t law.
C y Clerk of
tional City, Califoru#a