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Show ORDINANCE NO. 76-8 Bountiful, a Municipal Corporation AN ORDINANCE AMENDING AMEND-ING CHAPTER 15, TITLE X, OF THE REVISED ORDINANCES OR-DINANCES OF BOUNTIFUL, UTAH, 1965, AS AMENDED, BY PROVIDING FOR OFFENSES OF-FENSES RELATING TO MORALS. BE IT ORDAINED BY THE CITY COUNCIL OF BOUNTIFUL, BOUN-TIFUL, UTAH: Section 1. That Chapter 15, Title X, of the Revised Ordinances Or-dinances of Bountiful, Utah, 1965, as amended, is hereby amended to read as follows: CHAPTER 15 OFFENSES RELATING TO MORALS Section 1. Definitions. For the purpose of this ordinance, or-dinance, the following words shall have the following meanings: Distribute - means to transfer possession of in person, per-son, by mail, by agent or by any other means whether with or without consideration. Explicit sexual material means: (1) Any picture, drawing, photograph, motion picture, or other pictorial representation, representa-tion, which depicts actual or simulated acts of human sexual se-xual intercourse, sodomy, bestiality, oral copulation, masturbation, excretory functions, torture in the context con-text of a sexual relationship, or exhibition of the genitals. (2) Any artificial human penis or vagina or device primarily designed physically to stimulate genitals, or any description, advertisement or offer to sell or distribute such an artificial organ or device where such description or advertisement ad-vertisement presents either a pictorial representation or a detailed verbal description of such organ or device or its manner of use. (3) Any book, magazine, newspaper or other printed or written material, which is made up in whole or in dominant part of depictions or descriptions of human sexual intercourse, oral copulation, bestiality, sodomy, masturbation mastur-bation or torture in the context con-text of a sexual relationship. Knowingly - means having general Knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of (a) the character and content of any material described herein which is reasonably susceptible to examination by the defen dant; or, if applicable, (b) the age of a minor, provided however, that an honest mis take shall continue to excuse a defendant from liability hereunder if the defendant made a reasonable, bona fide attempt to ascertain the true age of such minors. . Material - means any book, magazine, newspaper, or other printed material, or any picture, drawing, photograph, motion picture or other pictorial pic-torial representation, figure, object, article, instrument, novelty, device or recording or transcription. Minor - means any unmarried un-married person less than eighteen (18) years of age. Nudity - means a slate of undress so as to expose the human male or female genitals, geni-tals, pubic area, or buttocks 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 top of the nipple; or the depiction of covered or uncovered male genitals in a discernible turgid tur-gid state. Obscene - means an act, depiction, representation, description, performance, or any other item, material or conduct, whether actual or simulated in form which (a) the average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest; (b) depicts or describes in a patently offensive of-fensive way sexual conduct, actual or simulated; (c) taken as a whole, lacks serious literary, artistic, political or scientific value. Obscene item - means: ( 1 ) any obscene book or, (2) any obscene leaflet, pamphlet, magazine, book, picture, painting or drawing, photograph, film, negative, slide, motion picture; or, (3) any obscene figure, object, ob-ject, article, instrument, novelty, device, or recording or transcription used or intended in-tended to be used in disseminating any obscene song, ballad, wor6, or sounds. Obscene live conduct is: (1) the actual or simulated performance of acts of human sexual intercourse, masturbation, masturba-tion, sodomy, bestiality, oral copulation or excretory functions; func-tions; or (2) the actual or simulated displaying of the pubic hairs, anus, vaulva, genitals, or nipples nip-ples of the female breast, and which production, performance, perfor-mance, or exhibition, when, taken as a whole, lacks serious literary, theatrical or artistic value. Person -- means any individual, in-dividual, partnership, firm, association, corporation or other legal entity. i Public display - means an material that is visible on a billboard, viewing screen, theater marquee, news stand, display rack, window, show case, display case or other similar display area that is visible from a public street, sidewalk, park or other place to which the public has unrestrained unres-trained access or from the property of others. Sado-masochistic abuse -means flagellation or torture by or upon a person who is nude or clad in undergarments undergar-ments or in revealing or bizarre costume, or the condition condi-tion of being fettered, bound or otherwise physically restrained res-trained on the part of one so clothed. Sexual conduct - means human masturbation, sexual intercourse, oral copulation, any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, sodomy and bestiality. Sexual excitement - means the condition ol human male ' or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing wit-nessing sexual conduct or nudity. Section 2. Production, Publication, Sale, Possession, Etc. of Obscene Items. It is unlawful for a person knowingly to: (1) Prepare any obscene item for the purpose of sale or distribution; or (2) Print, copy, manufacture, manufac-ture, produce or reproduce any obscene item for the purpose pur-pose of sale or distribution; or (3) Publish, sell, rent. lend, transport in intracity commerce, com-merce, distribute, or exhibit any obscene item or explicit sexual material, or to offer to do any of these things; or (4) Have in his possession with intent to sell, rent, lend, transport, or distribute any obscene item. Section 3. Obscene exhibitions exhibi-tions and performances, i It is unlawful for a person knowingly to: (1) Produce, promote, prepare, present, manage, erect, carry on or participate in any obscene exhibition or performance including the exhibition or the performance of any obscene mot ion pic'ure, play, drama, show, entertainment, entertain-ment, exposition, tableau or scene, or, (2) Own. lease, manage, (or permit) any theater, garden, buildings structure, room or place for the purpose of presenting an obscene exhibition exhibi-tion or performance. Section 4 Displaying of obscene ob-scene materials generally. It is unlawful for a person knowingly to permit or authorize a public display of any obscene items, obscene explicit sexual material or obscene material depicting nudity, sexual conduct, sexual excitement or sado-masochistic abuse. Section 5. Nude Conduct. It is unlawful for a person knowingly to voluntarily and intentionally appear in public or in a public place or in a place open to the public or open to public view, in a stale of nudity. Section 6. Obscene live coo-duct. coo-duct. It is unlawful for a person knowingly, to voluntarily and intentionally engage in an act of obscene live conduct in a public place or a place open to the public or open to public view. Section 7. Exemptions to the application of the ordinance. A. Nothing contained in Sections 2, 3, 4, 5, and 6, of this ordinance shall be construed to apply to: (1) The purchase, distribution, distribu-tion, exhibition, or loan of any material by any library, school, or institution of higher learning, supported by public appropriations; (2) The purchase, distribution, distribu-tion, exhibition, or loan of any work of art by any museum of fine arts, school or institution of higher learning supported by public appropriations. Section 8. Penalty. Any person violating any provisions of this chapter will be punished by a fine in any sum less than $299.00 or by imprisonment not to exceed six (6) months or by both such fine or imprisonment. Section 9. Separability Clause. If any clause, section, paragraph, or part of this chapter, or its application to any person or circumstance shall for any reason be adjudged ad-judged by any court of competent compe-tent jurisdiction to be invalid, the judgment shall not effect, impair or invalidate the remainder of this chapter, or its application to other persons per-sons or circumstances, but shall be confined in its operation opera-tion to the clause, sentence, paragraph, persons or circumstances cir-cumstances or part thereof directly involved in the controversy con-troversy in which the judgment judg-ment shall have been rendered. ren-dered. Section 2. Conflict. All ordinances, or-dinances, resolutions and orders or parts thereof in conflict with the provisions of this ordinance are, to the extent ex-tent of such conflict, hereby repealed, provided that such repeal shall not effect any act done or right accrued, any penalty incurred, any suit, prosecution or proceeding pending. Section 3. Effective Date. This ordinance shall go into effect at the expiration of the 20th day after publication or the 30th day after final passage pas-sage as noted below or whichever of said days is the most remote from the date of passage thereof. Passed by the City Council of Bountiful, Utah, this 14th day of April, 1976. MORRIS F. SWAPP MAYOR Arden F. Jenson CITY RECORDER Published in the Davis County Clipper on May 14, 1976 C-88 |