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Home My WebLink AboutOrdinance #0905~, ~ f. ,_~ X ORDINANCE N0. ~~~'` AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, ARTICLE V OF THE CANTON MUNICIPAL CODE BY ADDING SECTION 3 CONTAINING PROVISIONS RE HARMFUL MATERIAL WHEREAS, the Canton Municipal Code was adopted June 17, 1975, and duly published in book form; and, WHEREAS, the City Council deems it to be in the best interest of the City of Canton to amend the Municipal Code to add sections making it unlawful to commit Harmful Material. 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 3 entitled "HARMFUL MATERIAL," to read as follows: 6-3-5-3: HARMFUL MATERIAL: (A) Elements of the Offense. A person who with knowledge that a person is a child, that is a person under 18 years of age, or who fails to exercise reasonable care in ascertaining the true age of a child, knowingly distributes to or sends or causes to be sent to, or exhibits to, or offers to distribute or exhibit any harmful material to a child, is guilty of a misdemeanor. (B) Definitions. (1) Material is harmful if, to the average person, applying con- temporary standards, its predominant appeal, taken as a whole, is to prurient interest, that is a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters, and is material the redeeming social importance of which is substantially less than its prurient appeal. (2) Material, as used in this Section means any writing, picture, record or other representation or embodiment. (3) Distribute means to transfer possession of, whether with or without consideration. (4) Knowingly, as used in this Section means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents thereof. (C) Interpretation of Evidence. The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was offered, distributed, sent or exhibited, unless it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group. In prosecutions under this section, where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate the material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the material and can justify the conclusion that the redeeming social importance of the mater- ial is in fact substantially less than its prurient appeal. e .- - (D) Sentence. The Offense of Harmful Material is a misdemeanor. A person who is convicted shall be punished by a fine of not less than One Hundred Dollars ($100.00) or more than Five Hundred Dollars ($500.00)• A second or subse- quent offense is punishable by a fine of not less than $300.00 nor more than $500.00. (E) Affirmative Defenses. (1) Nothing in this section shall prohibit any public library or any library operated by an accredited institution of higher education from circulating harmful material to any person under 18 years of age, provided such circulation is in aid of a legiti- mate scientific or educational purpose, and it shall be an affirmative defense in any prosecution for a violation of this section that the act charged was committed in aid of legitimate scientific or educational purposes. (2) Nothing in this section shall prohibit any parent from distrbut- ing to his child any harmful material. (3) Proof that the defendant demanded, was shown and acted in reliance upon any of the following documents as proof of the age of a child, shall be a defense to any criminal prosecution under this section: A document issued by the federal government or any state, county or municipal government or subdivision or agency thereof, including, but not limited to, a motor vehicle operator's license, a registra- tion certificate issued under the Federal Selective Service Act or an identification card issued to a member of the armed forces. (F) Child Falsifying Age. Any person under 18 years of age who falsely states, either orally or in writing, that he is not under the age of 18 years, or who presents or offers to any person any evidence of age and identity which is false or not actually his own for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material, is guilty of a misdemeanor. A person who is convicted shall be punished by a fine of not less than Twenty-five Dollars ($25.00) or more than Five Hundred Dollars ($500.00). BE IT FURTHER ORDAINED that this Ordinance shall be in full force and effect upon its passage, approval and publication as required by law. PASSED by the City Council of the City of Canton, Fulton County, Illinois and APPROVED by the Mayor thereof this 1st day of December , 1981, and upon a roll call vote as follows: AYES: Aldermen Kovachevich, Hammond, Selfridge, Sarff, Carl, Horr. NAYS: Node ABSENT:Aldermen Grant, Clarke APPROVED this 1St day of .December , 1981• Donald E. Edwards, Mayor ATTEST: ~ " ~i~f ~~--ct/ Nanc Whites, City Clerk CITY OF CANTON ORDINANCE N0. ~~ ADOPTED BY THE CITY COUNCIL OF THE CITY OF CANTON THIS ~~ DAY OF December ~ 19~]. Published in pamphlet form by authority of the City Council of t'ne City of Canton, Fulton County, Illinois, this 2nd day of December , 19 _$.] - _ STATE OF ILLINOIS, ) SS. COUNTY 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 municipality passed and approved the afore- said Ordinance No. 905 entitled Amending title 6, chapter 3, article v of the Canton Municipal Code b.y adding Section 3 Containing Provisiions Re Harmful Matorial _ _____ ____ ~~xx~x~~~~~x~x~~~x~xx~xx~~~~xx~xx~~~~x~x~~x~~~~~~~~~x~-~x~~~x~~~€~1x The pamphlet form of the aforesaid Ordinance No. 905 including the Ordinance and a cover sheet thereof was prepared, and a copy of such Ordinance was posted in the City Building, 210 E. Chestnut Street, Canton, Illinois , commencing on December 2nd 19 81 and continuing for at least ten (10) days thereafter. Copies of 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 a-,~.~ ~~ _._ , Cit Clerk. (S EAL)