HomeMy WebLinkAboutOrdinances - O-76-79 - 02/02/1976 - AMEND MC RE OSCENE MATERIALS♦_� __�..�11
Ordinance No. 0-79
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WHEREAS, the Illinois Municipal Code (I11. Rev. Stat.,
Ch. 24, Sec. 11-5-1) empowers a municipality to deal with
obscene material, and
WHEREAS, the corporate authorities, are of the opinion
and find that obscene material impairs the public health,
welfare and morals of. the community and that such material
may be a contributing cause of sexually promiscuous be-
havior, as well as to tend to incite sexually criminal be-
havior in the community,
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of McHenry, McHenry County, Illinois, as follows:
SECTION 1: IT SHALL BE UNLAWFUL for any person to sell,
deliver, offer for -sale, distribute, publish, print, exhibit
or possess with intent to distribute, with knowledge of the
nature or content thereof, or recklessly failing to exercise
reasonable inspection which would have disclosed the nature
or content thereof, any obscene writing, picture, moving
picture, record or other representation or embodiment of the
obscene, or to present or to direct an obscene play or other
performance or to perform an obscene act or otherwise present
an obscene exhbition or to advertise or otherwise promote
obscene material.
SECTION 2: A thing shall be deemed to be obscene if
the average person applying contemporary community standards
would find that the work taken as a whole appeals to a pru-
rient interest, and the work depicts or describes patently
offensive representations or descriptions of nude persons,
ultimate sexual acts, normal or perverted sexual conduct,
whether actual or simulated, or patently offensive repre-
sentations or descriptions of masturbation, excretory
functions, and lewd exhibition of the human genitals. The
work, taken as a whole, must lack serious literary, artistic,
political or scientific value.
SECTION 3: It shall be an affirmative defense to obsceni-
ty that the dissemination: (1) was in the privacy of the home,
not for gain, and was made to personal associates other than
children under 18 years of age; (2) was to institutions or in-
dividuals having scientific or other special justification for
possession of such material; (3) was made by a parent to the
parent's child or children.
SECTION 4: Any person, firm or corporation violating the
provisions of this Ordinance shall be guilty of a misdemeanor
CERT. OF pUBLICATION
ATTACHED TO ORIGINAL
shall be fined not less than $50.00 nor more than
$500.00 and shall forfeit all City of McHenry licenses
issued in connection with the premises on which the
violation occurred.
SECTION 5. All Ordinances or parts of ordinances
in conflict herewith shall be and the same are hereby
repealed.
SECTION 6. This Ordinance shall take effect ten (10)
days after publication.
PASSED and APPROVED this 2nd day of Feb. , a % 1976
APPROVED:
Mayor
ATTEST:
Deputy City Clerk