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Home My WebLink About08923 ORD - 07/03/1968AN ORDINANCE REPEALING SECTION 23 -12 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND ADOPTING IN LIEU THEREOF NEW SECTIONS, DESIGNATED AS SECTIONS 23 -12A, 23 -126, 23 -12C, 23 -12D AND 23 -12E, SO AS TO HEREAFTER MAKE IT UNLAWFUL FOR ANY PERSON TO KNOWINGLY GIVE, SELL OR LOAN TO A MINOR ANY MATERIAL DEFINED HEREIN; MAKING IT UNLAWFUL TO EXHIBIT TO A MINOR CERTAIN MATERIAL; MAKING IT UNLAW- FUL TO GIVE OR DELIVER TO A MINOR CERTAIN MATERIAL; MAKING IT UNLAWFUL FOR A PERSON IN PARENTAL AUTHORITY OVER, OR CUSTODY OR CONTROL OF, A MINOR TO PERMIT THE MINOR TO POSSESS CERTAIN MATERIAL; DESCRIBING THE MATERIAL FORBIDDEN BY THE ORDINANCE AND DEFINING CERTAIN TEXAS; PROVIDING FOR PENALTY; PROVIDING FOR REPEAL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BE AND THE SAME IS HEREBY AMENDED BY REPEALING SECTION 23 -12 OF SAID CODE, AND ADOPTING IN LIEU THEREOF THE FOLLOWING SECTIONS: "SECTION 23 -12A. UNLAWFUL TO SELL OR LOAN TO A MINOR OBSCENE MATTER. IT SHALL BE UNLAWFUL FOR ANY PERSON KNOWINGLY TO SELL OR LOAN FOR MONETARY CONSIDERATION TO A MINOR: (A) ANY PICTURE, PHOTOGRAPH, DRAWING, SCULPTURE, MOTION PICTURE FILM OR SIMILAR VISUAL REPRESENTATION OR IMAGE OF A PERSON OR A PORTION OF THE HUMAN BODY WHICH DEPICTS NUDITY, SEXUAL CONDUCT OR SADO- MASOCHISTIC ABUSE AND WHICH IS HARMFUL TO MINORS, OR (B) ANY BOOK, PAMPHLET, MAGAZINE, PRINTED MATTER HOWEVER REPRODUCED, OR SOUND RECORDING WHICH CONTAINS ANY MATTER ENUMERATED IN PARAGRAPH (A) ABOVE, OR EXPLICIT AND DETAILED VERBAL DESCRIPTIONS OR NARRATIVE ACCOUNTS OF SEXUAL EXCITEMENT, SEXUAL CONDUCT OR SADO- MASOCHISTIC ABUSE AND WHICH, TAKEN AS A WHOLE, IS HARMFUL TO MINORS. "SECTION 23 -12B. UNLAWFUL TO EXHIBIT TO A MINOR OBSCENE MATTER. IT SHALL BE UNLAWFUL FOR ANY PERSON KNOWINGLY TO EXHIBIT FOR A MONETARY CONSIDERATION TO A MINOR OR KNOWINGLY SELL TO A MINOR AN ADMISSION TICKET OR PASS OR KNOWINGLY TO ADMIT A MINOR FOR A MONETARY CONSIDERATION TO PREMISES WHEREON THERE IS EXHIBITED, A MOTION PICTURE, SHOW OR OTHER PRESEN- TATION WHICH, IN WHOLE OR IN PART, DEPICTS NUDITY, SEXUAL CONDUCT OR SADO- MASOCHISTIC ABUSE AND WHICH IS HARMFUL TO MINORS. 8923 "SECTION 23 -12C. UNLAWFUL TO GIVE OR DELIVER TO A MINOR OBSCENE MATTER. IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY GIVE OR DELIVER TO A MINOR: (A) ANY PICTURE, PHOTOGRAPH, DRAWING, SCULPTURE, MOTION PICTURE FILM OR SIMILAR VISUAL REPRESENTATION OR IMAGE OF A PERSON OR A PORTION OF THE HUMAN BODY WHICH DEPICTS NUDITY, SEXUAL CONDUCT OR SADO- MASOCHISTIC ABUSE AND WHICH IS HARMFUL TO MINORS, OR (8) ANY BOOK, PAMPHLET, MAGAZINE, PRINTED MATTER HOWEVER REPRODUCED, OR SOUND RECORDING WHICH CONTAINS ANY MATTER ENUMERATED IN PARAGRAPH (A) ABOVE, OR EXPLICIT AND DETAILED VERBAL DESCRIPTIONS OR NARRATIVE ACCOUNTS OF SEXUAL EXCITEMENT, SEXUAL CONDUCT OR SADO- MASOCHISTIC ABUSE AND WHICH, TAKEN AS A WHOLE IS HARMFUL TO MINORS. "SECTION 23 -12D. UNLAWFUL TO PERMIT A MINOR TO HAVE OBSCENE MATTER. IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY PERMIT A MINOR OVER WHOM SUCH PERSON HAS PARENTAL AUTHORITY, CUSTODY OR CONTROL TO HAVE IN THE POSSESSION OF SUCH MINOR: (A) ANY PICTURE, PHOTOGRAPH, DRAWING, SCULPTURE, MOTION PICTURE FILM OR SIMILAR VISUAL REPRESENTATION OR IMAGE OF A PERSON OR A PORTION OF THE HUMAN BODY WHICH DEPICTS NUDITY, SEXUAL CONDUCT OR SADO- MASOCHISTIC ABUSE AND WHICH IS HARMFUL TO MINORS, OR (B) ANY BOOK, PAMPHLET, MAGAZINE, PRINTED MATTER HOWEVER REPRODUCED, OR SOUND RECORDING WHICH CONTAINS ANY MATTER ENUMERATED IN PARAGRAPH (A) ABOVE, OR EXPLICIT AND DETAILED VERBAL DESCRIPTIONS OR NARRATIVE ACCOUNTS OF SEXUAL EXCITEMENT, SEXUAL CONDUCT OR SADO- MASOCHISTIC ABUSE AND WHICH, TAKEN AS A WHOLE, IS HARMFUL TO MINORS. "SECTION 23 -12E. DEFINITIONS OF WORDS AND PHRASES AS USED IN SECTIONS 23 -12A, 23 -128, 23 -12C, AND'23 -12D. (A) "MINOR" MEANS ANY PERSON UNDER THE AGE OF SEVENTEEN YEARS. (B) "NUDITY" MEANS THE SHOWING OF 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 FULL OPAQUE COVERING -2- OF ANY PORTION THEREOF BELOW THE TOP OF THE NIPPLES OR THE DEPICTION OF COVERED MALE GENITALS IN A DISCERNIBLY TURGID STATE. (C) "SEXUAL CONDUCT" MEANS ACTS OF MASTURBATION HOMOSEXUALITY, SEXUAL INTERCOURSE, OR PHYSICAL CONTACT WITH A PERSONS CLOTHED OR UNCLOTHED GENITALS, PUBIC AREA, BUTTOCKS OR, IF SUCH PERSON BE A FEMALE, BREAST. (D) "SEXUAL EXCITEMENT" MEANS THE CONDITION OF HUMAN MALE OR FEMALE GENITALS WHEN IN A STATE OF SEXUAL STIMULATION OR AROUSAL. i (E) "SADO- MASOCHISTIC 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. '(F) "HARMFUL TO MINORS" MEANS THAT QUALITY OF ANY DESCRIPTION OR REPRESENTATIONS IN WHATEVER FORM, OF NUDITY, SEXUAL CONDUCT, SEXUAL EXCITE- MENT, OR SADO- MASOCHISTIC ABUSE, WHEN IT: (1) PREDOMINATELY 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 RESPECT TO WHAT IS SUITABLE MATERIAL FOR MINORS, AND (3) IS UTTERLY WITHOUT REDEEMING SOCIAL IMPORTANCE FOR MINORS. (G) "KNOWINGLY" MEANS HAVING GENERAL KNOWLEDGE OFD OR REASON TO KNOWS OR A BELIEF OR GROUND FOR BELIEF WHICH WARRANTS FURTHER INSPECTION OR INQUIRY OF BOTH: THE CHARACTER AND CONTENT OF ANY MATERIAL DESCRIBED HEREIN WHICH IS REASONABLY SUSCEPTIBLE OF EXAMINATION BY THE DEFENDANTI AND (2) THE AGE OF THE MINOR, PROVIDED HOWEVER, THAT 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.' SECTION 2. ANY PERSON, FIRM OR CORPORATION VIOLATING THE TERMS AND PROVISIONS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR, AND UPON CONVICTION, SHALL BE FINED IN A SUM NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00). 1 -3- SECTION 3. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH SHALL BE AND ARE HEREBY REPEALED. ' SECTION 4. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE. SECTION 5. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 6. THE NECESSITY FOR IMMEDIATELY REGULATING THE EXPOSURE OF MINORS TO CERTAIN HARMFUL MATERIALS CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT SUCH EMERGENCY AND NECESSITY EXIST, HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE 2ND DAY OF JULY, 1968. AY THE CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI, TEXAS DAY OF , j9 TO THE MEMBERS OF THE CITY COUNCIL CORPUS CHRISTI, TEXAS FOR THE REASONS SET FORTH IN THE EMERGENCY CLAUSE OF THE FOREGOING ORDINANCE, A PUBLIC EMERGENCY AND IMPERATIVE NECESSITY EXIST FOR THE SUSPEN- SION OF THE CHARTER RULE OR REQUIREMENT THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE MEETINGS OF THE CITY COUNCIL; I, THEREFORE, REQUEST THAT YOU SUSPEND SAID CHARTER RULE OR REQUIREMENT AND PASS THIS ORDI- NANCE FINALLY ON THE DATE IT IS INTRODUCED, OR AT THE PRESENT MEETING OF THE CITY COUNCIL. RESPECTFULLY, A� \ rMAY,OR // THE CITY OF CORPUS CHRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. n P. JIMENEZ, JR., M.D. GAGE LOZANO, SR. KEN MCDAN I EL W. J. "WRANGLER" ROBERTS THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: JACK R. BLACKMON RONNIE SIZEMORE V. A. "DICK" BRADLEY, JR. P. JIMENEZ, JR., M.D. GABE LOZANO, SR. KEN MCDANIEL W. J. "WRANGLER" ROBERTS - -_ - -� V PUBLISHER'S AFFIDAVIT `STATE OF TEXAS, County of Nueces. . Before me, the undersigned, a Notary Public, this day personally L.e.la.n.d G.t ... Barnes .. .............. .................... who being first duly sworn, according to law, f .. .... .. .. .. .... ..... .... C,la.a.s.ifi.ed..Adv.ert.iaLng-..Mana.ger ....... of the Corpus Christi Caller and The Cor Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that loan any minor-certain materials - - -- of which the annexed is a true copy, was published in on the 5.... day of jAklY ---------_----------- 19 .. 6B., zMXWWKWCh ............................ 20CM ....................................................... .... ..........................Times. .:......... ....W5_..•..... . ...... . .... JAver , 1 Pfffik, �'Vj'�' cli" U nager Subscribed and sworn to before me this 5 ............ day of........ 13AIY ................................... 19-6.13 ...... Louise Vick ' , W.,8= !C, ", . a (SEAL) of Nbiiq,Nueces Eoun , Texas