HomeMy WebLinkAbout1982 Ordinance No. 006BY AUTHORITY
ORDINANCE NO. 6 COUNCIL BILL NO. 5
INTRODUCED BY COUNCIL
MEMBER FITZPATRICK
SERIES OF 198-2 __ _
AN ORDINANCE DESCRIBING AND DEFINING OBSCENITY AND PROVIDING
CIRCUMSTANCES UNDER WHICH IT IS PROHIBITED AND DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Englewood declares
that it is in the best interest of the City of Englewood to prohibit
the promotion of obscenity within the City; and
WHEREAS, the previous Obscenity Ordinance, Englewood
Municipal Code of '69, as amended, §11-7-7, has been held to be
unconstitutionally vague by the Englewood Municipal Court.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO:
Section 1.
amended
11-7-7:
That Title XI of the E.M.C. '69, as amended, be hereby
OBSCENE MATERIALS, DEVICES, AND
PERFORMANCES: PROMOTION PROHIBITED
(a) Definitions. As used in this section, unless the
context otherwise requires:
1. "Material" means anything tangible that is capable
of being used or adapted to arouse interest, whether through
the medial of reading, observation, or sound, but does not
include an actual three-dimensional obscene device.
2. "Obscene device" means a device such as a dildo
or artificial vagina, designed or marketed as useful for the
stimulation of human genital organs.
3. "Performance" means a play, motion picture, dance,
or other exhibition performed before an audience.
4. "Obscene" means material or performance which:
a. the average person applying contemporary
community standards would find that, taken as a
whole, appeals to the prurient interest in sex;
b. depicts or describes in a patently offensive
way:
(1) erotic representations of ultimate sex
acts, normal or perverted, actual or simulated,
including sexual intercourse, sodomy, and sexual
bestiality, or
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(2) erotic representations of masturbation,
excretory functions, sadism, masochism, lewd
exhibition of the genitals, the male or female
genitals in a state of sexual stimulation or
arousal, covered male genitals in a discernibly
turgid state, or a device designed and marketed
as useful primarily for stimulation of the human
genital organs, and
c . taken as a whole, lacks serious literary,
artistic, political, or scientific value.
5. "Contemporary community standards" means state-wide
community standards as construed and applied by the finder
of fact, by reference to the average adult in the community
as a whole.
6. "Patently offensive" means so offensive on its face
as to affront current community standards of decency.
7. "Promote" means to manufacture, issue, sell, give,
provide, lend, mail, deliver, transfer, transmit, publish,
distribute, circulate, disseminate, present, exhibit, or
advertise, or to offer or agree to do the same.
8. ''Person" means any individual, corporation, associa-
tion, partnership, trustee, lessee, agent, or assignee.
9. "Knowingly" means having general knowledge of, or
reason to know, or a belief or reasonable ground for belief
which warrants further inspection or inquiry of the content
or character of material, device, or performance. A person
who promotes obscene material or devices or possesses the
same with intent to promote it in the course of his business
is presumed to do so with knowledge of its content or
character.
(b) Promoting obscene material, devices, and performances
prohibited. It is unlawful for any person knowingly to promote
or possess with intent to promote, any obscene material or device,
or to produce, present, or direct any obscene performance or
participate in a portion thereof that is obscene or that con-
tributes to its obscenity.
(c) Severability. If any portion of this section is found
by a court of competent jurisdiction to be unconstitutional, the
remaining provisions are valid unless it appears to the court that
the valid provisions are so essentially and inseparably connected
with the invalid prov isions that to sever them would not carry
out the legislative intent in enacting this section.
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Section 2. That an emergency is hereby declared in that the
Englewood Municipal Court has found legislation relating to
obscene materials, devices and performance, unconstitutional and
the passage of this ordinance is necessary for the immediate health,
safety and welfare of the public.
Introduced, read in full, and passed as amended on first
reading on the 18th day of January, 1982.
Published as a Bill for an Ordinance, as amended , on the
20th day of January, 1982.
Read by title and passed on final reading on the 1st day
of February, 1982.
Published by title as Ordinance ·No. b , Series of 1982,
on the 3rd day of February, 1982.
Eugeker:. Otis, Mayor
Attest:
b::iJi§Xi!fcd?-tt:ix
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate, and complete copy of the Ordinance
passeft on final reading and published by title as Ordinance
No .__Q_, Series of 1982.
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