HomeMy WebLinkAbout044 - 05/03/1977 - AMENDING SECTION 84-2 OF THE CITY CODE RELATING TO PEACE AND GOOD ORDER, MAKING IT UNLAWFUL TO PROMO J
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ORDINANCE NO 44 , 1977
BEING AN ORDINANCE AMENDING SECTION 84-2
OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO PEACE AND GOOD ORDER, MAKING
IT UNLAWFUL TO PROMOTE SADOMASOCHISTIC
MATERIAL OR A SADOMASOCHISTIC PERFORMANCE,
TO PROMOTE OBSCENITY TO A MINOR, AND TO
PUBLICLY DISPLAY OBSCENE MATERIAL AND
PROVIDING A DEFINITION SECTION THERETO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 That Section 84-2 of the Code of the City of Fort
Collins be, and the same hereby is, amended by adding additional
sections H, I, J and K thereto, at the end thereof, to read as follows
"H Promoting sadomasochistic material or a sadomasochistic
performance to an adult or a minor It shall be unlawful
for any person to promote sadomasochistic material or a
sadomasochistic performance to an adult or a minor A
person commits promoting sadomasochistic material or a
sadomasochistic performance to an adult or a minor if
he knowingly
a) Promotes, or possesses with intent to promote, any
sadomasochistic material to an adult or a minor, or
b) As owner, producer, director, manager, or performer,
promotes any sadomasochistic performance to an adult
or a minor
I. Promoting obscenity to a minor It shall be unlawful for
any person to promote obscenity to a minor A person commits
promoting obscenity to a minor if he knowingly
a) Promotes, or possesses with intent to promote, any a
obscene material to a minor, or
b) As owner, producer, director, manager, or performer,
promotes any obscene performance or live sexual per-
formance to a minor
J Publicly displaying obscene material It shall be unlawful
for any person to publicly display obscene material A
person commits publicly displaying obscene material if he
knowingly
a) Displays publicly or causes to be displayed publicly
obscene material , or
b) Permits any publicgdisplay of obscene materialwon
premises owned, rented, or operated by him.
d
K. Definitions For the purposes of this Section 84-2,
the following terms shall have the meanings indicated
Cl) "Adult" means a person who has reached his eighteenth
birthday
(2) "Commercial purposes" means any purposes connected with
the commercial sale of a product or type of product,
the commercial offering of a service, or the commercial
exhibition of any form of entertainment
(3) "Displays publicly" means the exposure, placement,
posting, exhibition, or display, in any fashion, of
an item, in any location, public or private, in such
a manner that it may readily be seen and its contents
or character distinguished by normal unaided vision
from a public thoroughfare, a vehicle on a public
thoroughfare, or the property of another
(4) "Hard-core sexual conduct" means patently offensive
acts, exhibitions, representations, depictions, or
descriptions of
a) Intrusion, however slight, actual or simulated,
by any object, any part of an animal 's body, or
any part of a person's body into the genital or
anal openings of any person's body, or
b) Cunnilingus, fellatio, anilingus, masturbation,
bestiality, lewd exhibition of genitals, or
excretory functions, actual or simulated,
(5) "Live sexual performance" means any live performance
by one or more persons, or a person and an animal , which
a) Taken as a whole, appeals to the prurient interest
of the average person, applying contemporary state-
wide standards, and
b) Presents or shows hard-core sexual conduct, and
c) Taken as a whole, lacks serious literary, artistic,
political , or scientific value
C61 "Material" means any physical object, facsimile,
recording, transcription, pictorial representation,
motion picture, or reproduction, whether mechanical ,
electrical , or chemical , which is used as a means of
communicating sensation or emotion to human beings to
or through the visual , aural , or tactile senses, but
does not include the printed or written word
(7) "Minor" means a person who has not reached his eighteenth
birthday
(8) "Obscene material" means that material , as defined in
subsection (6) of this section, which,
a) Taken as a whole, appeals to the prurient interest
of the average persono applying contemporary state-
wide standards, and
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b) Depicts or describes hard-core sexual conduct, and
c) Taken as a whole, lacks serious literary, artistic,
political , or scientific value
C91 "Obscene performance"
a) Means that performance, as defined in subsection Cll)
of this section which.
CI) Taken as a whole, appeals to the prurient
interest of the average person, applying
contemporary statewide standards, and
(II) Presents or shows hard-core sexual conduct, and
(III) Taken as a whole, lacks serious literary,
artistic, political , or scientific value
b) Includes a live sexual performance, as defined in
subsection (5) of this section
C101 "Owner" includes any person who has a financial interest
in an activity or thing entitling him to participate in
the promotion, management, or proceeds of the activity or
thing It does not include a person whose connection with
the activity or thing entitles him only to reasonable
salary or wages for services actually rendered
C11) "Performance" means a presentation or exhibition, whether
live or recorded, in a public place or place open to the
public
C121 "Promote" means to produce, direct, perform in, manufacture,
issue, sell , give, provide, lend, mail , deliver, transfer,
publish, distribute, circulate, disseminate, present,
exhibit, or advertise, whether or not for consideration,
or to offer or agree to do any of these things, whether or
not for consideration
C131 "Sadomasochistic material" or "Sadomasochistic performance"
means that material , as defined in subsection (6) of this
section, or performance, as defined in subsection C11) of
this section, which
a) Taken as a whole, appeals to the prurient interest of
the average person, applying contemporary statewide
standards, and
b) Depicts, presents, shows, or describes flagellation,
mutilation, or torture, actual or simulated, in a
sexual context, and
c) Taken as a whole, lacks serious literary, artistic,
political , or scientific value "
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Introduced, considered favorably on first reading, and ordered
published this 19th day of April , A.D. 1977, and to be presented for
final passage on the 3rd day of Maly, A.D. 1977.
Mayor
ATTEST
City Clerk Deputy
Passed and adopted on final reading this 3rd day of May, A.D. 1977.
Mayor
ATTEST
ity C er
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