Ordinance 1993-08
q J~f
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE
CITY CODE BY ADDING A SECTION PROHIBITING THE DISPLAY OF SEXUALLY
EXPLICIT MATERIALS TO MINORS, REPEALING ALL CONFLICTING
ORDINANCES AND CODE SECTIONS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, home-rule municipalities are authorized to enforce ordinances necessary to
protect health, life and property and to preserve the good government, order, and security of the
municipality and its inhabitants; and,
WHEREAS, the City Council has determined in its legislative discretion that it is in the best
interests of the public safety and welfare to prohibit display os sexually explicit materials to
minors; and,
WHEREAS, it is the purpose and intent of this Ordinance to promote the health, safety,
morals and general welfare of the citizens of the City, and not the intent or effect of this
Ordinance to restrict or deny access to such sexually oriented materials which are otherwise legal
and assessable by adult, nor is it the intent to restrict any access protected by the First
Amendment to the United States Constitution;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
The Wylie City Code be, and it hereby is, amended by addition of the following
provisions to Chapter 7 of said code: '
"DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS.
(a) A person commits an offense if, in a business establishment open to persons under the age
of 17 years, he displays a book, pamphlet, newspaper, magazine, film, or video cassette, the
cover of which depicts, in a manner calculated to arouse sexual lust or passion for commercial
gain or to exploit sexual lust or perversion for commercial gain, any of the following:
(1) human sexual intercourse, masturbation, or sodomy;
(2) fondling or other erotic touching of human genitals, pubic region, buttocks, or female
breasts;
(3) less than completely or opaquely covered human genitals, buttocks, or that portion of the
---.__...............-...._........~~."-j~-,""-..,.,,.''''''-~'"''''.~--"~~~"''...,",.",...,"".,,'"""'--""";.' "." ~ .' ....~_,.,~..~~..,.,~ "_""""'_'_""'~'''-'_""H_,~_",_.,_,,^.,...-~",.',~,,."_,,~,..,=..."~,.~,~."~~_"~__._..,~ "._c
female breast below the top of the areola;
(4) human male genitals in a discernibly turgid state, whether covered or uncovered.
(b) In this section "display" means to locate an item in such a manner that, without obtaining
assistance from an employee of the business establishment:
(1) it is available to the general public for handling and inspection; or
(2) the cover or outside packaging on the item is visible to members of the general public. "
SECTION II
Any person, firm, or coloration violating any of the provisions or terms of this Ordinance
shall be subject to the general penalty provisions of the Wylie City Code as set forth in Section
1. 06 of Chapter 1.
SECTION III
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION IV
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION V
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or consistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VI
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
9th day of February, 1993.
ArrEST: tf 1~.J
Mary Nic Is .
City Secre