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.
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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.
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� DULY PASSED by the City Council of the City of Grapevine ,
Texas, this the 4th day of April , 1978.
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Mayo r
ATTEST:
City Secr a
APPROVED AS TO FORM:
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City Attorney
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