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HomeMy WebLinkAboutOrdinance #0904i , ~~ ORDINANCE N0. yQ ~- AN ORDINANCE AMENDING TITLE 6, CHAPTER 3 OF THE CANTON MUNICIPAL CODE BY ADDING ARTICLE V CONTAINING PROVISIONS RE OBSCENITY WHEREAS, the Canton Municipal Code was adopted on June 17, 1975, and duly published in book form; and, WHEREAS, the City Council deems it to be in the best interests of the City of Canton to amend the Municipal Code to add a section making in unlawful to committ obscenity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois, that the Canton Municipal Code is hereby amended by adding to Title 6, Chapter 3, Article V, Section 5 entitled "OBSCENITY", to read as follows: Article V 6-3-5-1: OBSCENITY: (A) It shall be unlawful to commit obscenity. For purposes of this Section "person" means an individual, public or private corporation, government, partnership, or unincorporated assoc- iation. Any reference to the masculine shall include the feminine, and any reference to the singular shall include the plural. (B) Elements of the Offense: A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he: (1) Sells, delivers, or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record, or other representation or embodiment of the obscene; or (2) Presents or directs an obscene play, dance or other per- formance or participates directly in that portion thereof which makes it obscene; or (3) Publishes, exhibits, or otherwise makes available anything obscene; or (4) Performs an obscene act or otherwise presents an obscene exhibition of his body for gain; or (5) Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdiction; or (6) Advertises or otherwise promotes the sale of material re- presented or held out by him to be obscene, whether or not it is obscene. (C) "Obscene" Defined: A thing is obscene if, considered as a whole, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex, or excretion, and if it goes substantially beyond customary limits of candor in description or representation of such matters. A thing is obscene even though the obscenity is latent, as in the case of undeveloped photographs. (D) Interpretation of Evidence: Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience. Where circumstances of production, presentation, sale, dissemina- tion, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is utterly without re- deeming social importance. In any prosecution for an offense under this Section, evidence shall be admissible to show: (1) The character of the audience for which the material was designed or to which it was directed; (2) What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people; (3) The artistic, literary, scientific, educational, or other merits of the material, or absence thereof; (4) The degree, if any, of public acceptance of the material in this State; (5) Appeal to prurient interest, or absence thereof, in advertis- ing or other promotion of the material; (6) Purpose of the author, creator, publisher, or disseminator. (E) Prima Facia Evidence: The creation, purchase, procurement, or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than six (6) copies of obscene material shall be prima facia evidence of an intent to disseminate. (F) Affirmative Defenses: It shall be an affirmative defense to obscenity that the dissemination: (1) Was not for gain and was made to personal associates other than children under eighteen (18) years of age; (2) Was to institutions or individuals having scientific or other special justification for possession of such material. ,.. .- (G) Severability Clause: If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance, or any part thereof, or application thereof to any person, firm, corporation, public agency, or circumstance, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part hereof. It is hereby declared to be the legislative intent of the City Council that this ordinance would have been adopted had such unconstitutional or invalid provision, clause, sentence, paragraph, section, or part thereof not then been included. (H) Violation and Penalty: Any person who shall violate any of the provisions of this Section shall be guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00)• A second or subsequent offense is punishable by a fine of not less than $300.00 nor more than $500.00. BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect upon its passage, approval and publication as required by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois and APPROVED by the Mayor thereof this 1st day of December 1981, and upon roll call the vote was as follows: AYES: Aldermen Horr, Carl, Sarff, Selfridge, Hammond, Kovachevich. NAYES: None. ABSENT: Aldermen Clarke, Grant. APPROVED this ~Gt day of December , 1981• Donald Edwards, Mayor ATTEST: ancy W tes, City Clerk CITY OF CANTON ORDINANCE N0. 904 ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS ~~+_ DAY OF ~, 19 81. Published in pamphlet form by authority of the City Council of City of Canton, Fulton County, Illinois, this 2nd day of December 19 $-~ . STATE OF ILLINOIS, ) SS. COUDTTY OF FULTON. ) I, the undersigned, certify that I am the duly elected and acting City Clerk of the City of Canton, Fulton County, Illinois. I further certify that on December 1st 19 81 the Corporate Authorities of the aforesaid municipa ity passe and approved the afore- said Ordinance No. 904 entitled An ordinance amending title 6, chapter ' ~~V nnntnininn nrnvicinnc rc x ~~x~x.~x~,~x~~~ x ~x~x~~~~~~1~ x~~x~~~-& ~~x ~~~xx The pamphlet form of the aforesaid Ordinance No. ~, including the Ordinance and a cover sheet thereof was prepared, a-rid a copy of such Ordinance was posted in the City Building, 210 E. Chestnut Street, Canton, Illinois, commencing on 19 and continuing for at least ten (10) days t erea er. opies o such ordinance were also available for public inspection upon request in the Office of the City Clerk. DATED at Canton, Illinois this 14th day of December 19 81 i' r f City C er . ,- • , the (S EAL)