Ordinance 1993-16
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING THAT THE
CODE OF ORDINANCES OF THE WYLIE, TEXAS, BE AMENDED BY ADDITION
OF A CHAPTER NUMBERED 13A, AND TITLED .OBSCENITY., MAKING IT
UNLAWFUL TO PROMOTE OBSCENE MATERIAL; DEFINING CERTAIN TERMS;
REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the United States Supreme Court has determined, in the cases of California v.
Miller (93 S. Ct. 2607) and other cases, that the sale, distribution, rental or other transmission
of Obscene material is not protected under the United States constitution and therefore may be
prohibited and otherwise regulated by local units of government; and,
WHEREAS, the Appellate Courts for the State of Texas has determined in Video News v.
State, 790 SW 2d 340, Childreth v. State, 751 SW 2d 941, Andrews v. State, 652 SW2d 370,
and other cases that the restriction of the display and distribution of obscene materials is not in
violation of the Texas Constitution; and,
WHEREAS, Section 54.004 of the Local Government Code, V. T. C.A., authorizes home
rule cities to enforce all ordinances necessary to protect health, life, and property, and the
preserve the good government, order and security of such cities and their inhabitants; and,
WHEREAS, the City council has determined that prohibiting the sale, rental, distribution or
other transmission of obscene materials in the City is necessary to protect the health, life, and
property and general welfare of its Citizens; and,
WHEREAS, there exists substantial and persuasive studies and evidence which indicate the
adverse effect exposure to such materials has on individuals, particularly adolescents and young
adults, as well as the community as a whole;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
In this Ordinance the following terms and words shall be defined as, and have the meaning
as indicated:
(a) "Obscene" means material or a performance that:
ORDINANCE NO.
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PAGE TWO
(1) the average person, applying contemporary community standards, would find
that taken as a whole appeals to the prurient interest in sex;
(2) depicts or describes:
(A) patently offensive representations or descriptions of ultimate sexual
acts, normal or perverted, actual or simulated, including sexual intercourse,
sodomy, and sexual bestiality; or
(B) patently offensive representations or descriptions 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 simulation of the human genital organs;
AND
(3) taken as a whole, lacks serious literary, artistic, political, and scientific value.
(b) "Material" means anything tangible that is capable of being used or adapted to arouse
interest, whether through the medium or reading, observation, sound, or in any other manner,
but does not include an actual three dimensional obscene device.
(c) "Performance" means a play, motion picture, dance, or other exhibition performed
before an audience.
(d) "Patently offensive" means so offensive on its face as to affront current community
standards of decency.
(e) "Obscene device" means a device including a dildo or artificial vagina, designed or
marketed as useful primarily for the stimulation of human genital organs.
(e) "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.
SECTION II
A person commits an offense if he intentionally or knowingly promotes obscene material.
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SECTION III
Any person violating the provisions of this ordinance, or any part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of Section 1-1.06 of the Wylie
City Code, as the same now exists or is hereafter amended.
SECTION IV
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 V
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 VI
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 VII
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.
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DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
9th day of March, 1993.
~
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By' J' /
n W. Akm
i ayor
ATTEST: ~~1~
Mary Nicho s
City Secretary
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