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1973-015 AN ORDINANCE AMENDING CHAPTER FOURTEEN OF THE DENTON COEE OF ORDIN- ANCES, AS AMENDED, BY MAKING IT UNLAWFUL FOR ANY PERSON TO DISPLAY IN PUBLIC OFFENSIVE SEXUAL MATERIAL IN SUCH A MANNER THAT SAID DIS- PLAY IS EASILY VISIBLE FROM OR ON ANY PUBLIC STREET, SIDEWALK, RESI- DENCE, TRANSPORTATION FACILITY OR PRIVATE PROPERTY, DEFINITIONS, DECLARATION OF SAME TO BE A PUBLIC NUISANCE, EXEMPTION, MAKING T~{IS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES, REPEALING CERTAIN ORDIN- ANCES IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE, PROVID- ING A PENALTY, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the death, ln]ury and h~man suffering that occurs dally on the publ~ streets and highways as a result of traffic accidents are matters of great concern and are a proper subject for legislative consideration and actions, and ~{EREAS, any s~ght or so~nd which d~stracts the attention of the dr~ver of a motor vehicle away from the safe and careful operation thereof s~bstant~ally ~ncreases the r~sk of accident, ~n~ury or death to such drlver and other members of the traveling public, and WHEREAS, the C~ty Co~noll of the C~ty of Denton, ~ts authorized legislative body, hereby flnds that any public d~splay of offensive sexual material as defined h~reln which is visible from or on any public street or h~ghway does d~stra~t the attention of the operators of motor vehicles and other members of the traveling public and con- statutes a traffic hazard, an~ WHEREAS, ~t ~s also a matter of public necessity that the C~ty Council of the City of Denton protect chlldren in and on ~ts public streets, s~dew&lks, res~denoes, transportation facilities and other private pr©petty from v~ew~ng such public d~splays of offensive sex- ual mater~al, and WHEREAS, regardless whether such public dlsplays are "obscene" w~th~n the meaning of the penal law and constitutional law, they are not constltut~onally protected, because they are thrust ~nd~s~r~m~- nately upon unwilling audiences of adults and children and constltute assaults upon ~nd~v~dual prlva~y NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I ThatlChapter Fourteen of the Denton Code of Ordinances, as amended, is hereby amended by adding a new Artlcle V, Public Display of Offensive Sexual Material, Section 14-60 through Section 14-65, so that same shall hereafter be and read as follows "Art V Public Display of Offensive Sexual Material Sec 14-60 Definitions (1) "City" is the City of Denton, Texas (2) "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 wlth less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state (3) "Sexual Conduct" means an act of masturbation, homosex- uality, sexual ~ntercourse, or physical oontact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast (4) "Sado-masochlstlc abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizzare costume, or the condition of being fettered, bo~md or otherwise physically restrained on the part of one so clothed (5) "Transportation facility" means any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, railroad, motor vehicle or any other method It includes aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations and all appurtenances thereto (6) "Person" means any individual, partnership, firm, asso- ciation, corporation or other legal entity, or any agent or servant thereof (7) "Knowledge" includes actual or constructive knowledge of the sub]ect material A person shall be deemed to have constructive knowledge of its character and content if he has knowledge of facts which would put a reasonable and prudent man on notice as to the suspect nature of the material (8) "Prurient interest" means a shameful or morbid interest in nudity, sex, or excretion, which goes substantially be- yond customary limits of candor in description or repre- sentation of such matters Sec 14-61 Public D~splay of Offensive Sexual Material-- Nuisance The public d~splay of offensive sexual material, pursuant to the terms of this ordinance within the C~ty Limits of Denton, or outside the C~ty Limits of Denton for a distance of f~ve thousand (5000) feet therefrom shall be and is hereby found to be a public nuisance Sec 14-62 P~bllc Display of Offensive Sexual Material-- Unlawful It shall be unlawful for any person to display within the City of Denton, or outside the City Limits of Denton for a distance of five thousand (5000) feet therefrom offensive sexual material when w~th knowledge of Its character and content, he displays or permits to be displayed ~n or on any wlndowt showcase, newstand, display rack, wall, door, billboard, display board, viewing screen, moving picture screen, marquee or similar place, in such manner that the display is easily visible from or on any public street, sidewalk or thorough- fare or transportation facIlity, any pictorial, three-dimensional or other visual representation of a person or a portion of the human body that predomlnately appeals to prurient interest in sex, and that (a) depicts nudity, or actual or simulated sexual conduct or sado-masochlstlc abuse, or (b) depicts or appears to depict nudity, or actual or simulated sexual conduct or sado-masochlStlC abuse, with the area of the male or female subject's unclothed or apparently unclothed genitals, pubic area or buttocks, or of the female sub3ect's unclothed or apparently unclothed breast, obscured by a covering or mark placed or printed on or in front of the mater~al displayed, or obscured or altered in any other manner Sec 14-63 Exemption The prohibition of this ordinance shall not apply to broadcasts or telecasts through facilities licensed under the Federal Communi- cations Act (47 U S C A Sec 151 et seq ) Sec 14-64 Penalty That the violation of any provision of th~s ordinance relating to the public display of offensive sexual material shall be deemed an offense and punishable by a fine not exceeding Two H%hndred ($200 00) Dollars, and each violation thereof shall be and is hereby deemed to be a distinct and separate offense and punishable as such Sec 14-65 Duties of the Legal Officer The City Attorney shall upon proper complaint, and upon satis- faction to him that the offenses of public display of offensive sex- ual mater~al is being committed in the manner above described so as to constitute a nuisance, may institute appropriate action to res- train, prevent, enjoin, abate, correct or remove such nuisance and to take such other legal action as he deems necessary to carry out the intent of this ordinance The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law, any and all remedies may be pursued con- currently or consecutIvely, and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any or all of the others" SECTION II. That this ordinance shall repeal specifically Section 14-35 and Section 14-36 and every prior ordinance and provision of the Code of ordinances of the City of Denton in conflict herewith, but only so far as the portion of such prior ordinance or provision shall be in conflict, and as to all other ordinances or provisions of the Denton City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative SECTION III It ls hereby declared to be the intention of the Cltv Counczl that the sections, paragraphs, sentences, clauses and phrases of thzs orldnance are severable, and if any phrase, clause, sentence, para- graph or sectzon of this ordinance shall be declared unconstltutzonal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining p~rases, clauses, sentences, paragraphs and sections of this ordinance the same would have been enacted by the City Council without the corporation in this ordinance of any such unconstitutional Dhrase, clause, sentence, paragraph or section SECTION IV That this ordinance shall be in full force and effect !~. days from and after its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle within ten (10) days of the date of its passage PASSED AND APPROVED this the ~day of ~ , A D 1973 ~-BILL/NEU, ~4~YOR Ww P3~LPH ~, C~T~ ATTORNEY AGENDA May 15, 1975 Regular meeting of the C~ty Council, C~ty of Denton, Texas, Tuesday, May 1S, 1973, at S 00 p m , ~n the Council Chambers of the Municipal Building 1 Approval of the m~nutes of the regular meeting of May 1, 1973 2 FOR REFERRAL ONLY a Z-1199 The pet~t~on of Mr Leland Tr~bble that the zoning classification at 309 and $17 Nollyh~ll Lane be changed from the S~ngle Family (SF-16) to the Two-Family (2F) dwelling Th~s property ~s further described as being located on the east s~de of the ~ntelsect~on of Londonderry and Hollyh~ll Lane ~he C~ty tax r~cords designate th~s property as C~ty Block No 2012, Lot Nos $ and 4 3 FOR PUBLIC HEARING a Z-1196 The pet~t~on of Mr Jack I McJunk~n that the zoning classification ~n the 2500 block of Teasley Lane be changed from an Agricultural (A) to a S~ngle Family (SF-10) classification Th~s property ~s further described as being located southeast of the ~ntersect~on of Longr~dge Dr~ve and Teasley Lane The Czty tax records designate th~s property as C~ty Block No 285, and a part of City Lot Nos 22, 56, and 58 The area of th~s request represents approximately 70 acres b S-66 The petition of Mr Robert N Eames that a Spec~fxc Use Permit be granted for the operation of a private club at 107 Ave- nue A The buxld~ng for th~s proposed use ~s located approximately 80' south from W H~ckory along Avenue A The C~ty tax records designate this property as C~ty Block No 564, Lot No 19 4 CONSIDERATIONS a Consider the plat of Hollyh~lls, a replat of lots 12, 15 and 14, block 4-R and part of blocks 4 and 5, Southr~dge Center Th~s plat ~nvolves the vacating of an easement b Consider the revision of the f~rst replat of Block I, Southr~dge Cente~, being at the southeast corner of Interstate 55 and Teasley Th~s plat ~nvolves the vacating of an easement 5 ORDINANCES ~bscenlty ordinance amendment to Chapter Fourteen (_~(14)~0f the C~de of Ordinances, City of De~nton, Texas__ . / b Consider amendment to the ordinance - Plumbing Code Board c Consider amendment to the ordinance - Building Code Board d Consider annexation request of Mr Gr~ffxn 6 Consider approval of voucher ~n excess of $1000 00 to Calvert Motor Company 7 Consider approval of the request of the Denton K~wan~s Club to have~a fireworks d~splay on July 4, 1975 8 Recogn~txon of C 5 "Chxck" Allen - retiring after 16 years of servxce to the Cxty of Denton 9 Consider changing the C~ty Councxl meeting t~me NOFICE OF Regular ~{~ETING ]]~e C~ty Council of the C~ty of Denton, Texas, wzll hold a Regular meeting at 5 o'clock p m on Tuesday , May 15 , 1973 , in the Council Chambers of the ~INI( IPAL BUILDING, 215 E McK]nney, Denton, Texas, to conduct buszness as indicated on the belm4 attached agenda, and other rm~t~ne matters ~s may be presented from the floor This ~s an open meeting, and the l~uhl~c ~s ~nvited to attend See attached agenda