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HomeMy WebLinkAboutORD 1978-022 ORDINANCE NO. 78-22 AN ORDINANCE PROHIBITING EXHIBITION OF CERTAIN SEXUALLY EXPLICITY FILMS IN SPECIFIED AREAS. DEFINING SEX(JALLY EJCPLICIT, PROVIDING MEASURE- MENT OR DISTANCES, CLARIFYING THE PROHIBITION OF CERTAIN SEXUALLY EXPLICITY RILMS WITHIN 1000 FEET OF A PUBLIC PARK ADJACENT TO A DIS- TRICT RESTRICTED TO RESIDENTIAL USE; PROVIDING �"""" FOR THE MEASUREMENT IN A STR,AIGHT LINE OF DIS- �ANCES BETWEEN MOVING PICTURE THEATERS AND MOVING PICTURE SHOWS AND CHURCHES, PUBLIC OR � PRIVATE ELEMENTARY OR SECONDARY SCHOOLS, DIS- TRICTS ZONED RESIDENTIAL, AND PUBLIC PARKS ADJACENT TO DISTRICTS ZONED RESIDENTIAL; PRO- VIDING A PENALTY NOT TO EXCEED $200.00; PROVING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' GRAPEVINE: Section 1 . Prohibiting exhibition of certain sexually explicit films in specified areas. A person commits an offense if he operates or causes to be operated within 1000 feet of a church, public or private elementary or secondary school, district restricted to residential use by the Comprehensive Zoning Ordinance of the city, or (a) public park adjacent to a district restricted to residential use a moving picture show or moving picture theater which exhibits a film that explicityly depicts: (1) contact between any part of the genitals of one person and the genitals, mouth, or anus of another person; (2) contact between a person�s mouth, anus, or genitals and the mouth, anus, or genitals of an animal or fowl; (3) manipulation of a person's genitals; ""�"' (4) defecation; or (5) urination. �rr Section 2. Measurement of distances. For the purposes of this article, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a theater or show is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school, or to the nearest boundary of a district restricted to residentiai use by the Comprehensive General Zoning Ordinance of the City, or to the nearest boundary of a public park adjacent to a district restricted to residential use. Section 3. That a person who violates a provision of this Ordinance is guYlty of a separate offense for each day or por- tion of a day during which the violation is committed, continued, or permitted, and each offense is punishable by a fine not to exceed $200.00. Section 4. Severability Clause. If any section, article, paragraph, sentence, clause , phrase or word in this ordinance, or application thereto to any person or circumstances is held �""""'" invalid or unconstitutional by a Court of competent jurisdic- tion such holding shall not affect the validity of the remain- ing portions of the ordinance despite such invalidity, which �wr remaining portions shall remain in full force and effect. Section 5. Emerqency. The fact that no present ordi- nances of the City of Grapevine regulating the exhibition of certain sexually explicity films in specified areas , creates an urgency and an emergency and in the preservation of the public health, safety and welfare requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provides. � � DULY PASSED by the City Council of the City of Grapevine , Texas, this the 4th day of April , 1978. � Mayo r ATTEST: City Secr a APPROVED AS TO FORM: ��.� ....m-- City Attorney � � � �