ORD NO 18-1973i0
10
The City of Van Buren, Arkansas Ordinance No. 1973
AN ORDINANCE, ESTABLISHING LOCAL STANDARDS FOR VAN BUREN, ARKANSAS
IN RELATION TO ODSENITY AND TO MAKE DISSEMINATING EXPLICIT SEXUAL
MATERIAL A MISDEMEANOR, FIXING PENALITY THEREFOR.
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF VAN
BUREN, ARKANSAS, THAT:
SECTION 1 PURPOSE: The purpose of this to comply with the most recent
ruling of the United States Supreme Court in it's discussion on obsenity, to es-
tablish local standards and to define objectionable obscene materials.
SECTION 2 LOCAL STANDARDS: The people of the City of Van Buren do not
approve of public exhibition of, or sale of, explicit sexual material as defined
herein below nor of the acts therein listed and defined, other than the relation-
ship of husband and wife in their private relationship.
SECTION 3 OFFENSE DEFINED: A person is guilty of a misdemeanor if he or
she, (a) disseminates explicit sexual materials, as herein after defined, (b) dis-
plays explicit sexual material for sale or (c) places explicit sexual material
upon public display.
SECTION 4 DEFINITIONS: FOR THE PURPOSE OF THIS ORDINANCE.
(a). "Explicit sexual materials" means any pictorial or three dimensional
material dipecting human sexual intercourse, masturbation, sodomy (i.e. bestiality,
or oral or anal intercorse) direct physical stimulation of unclothed genitals,
flagellation or torture in the context of a sexual relationship, or emphasizing
nude the depiction of adult human body or bodies or private parts, provided,
however, that works of art or of anthropotized significance or material presented
in a program of education in a church, school or college shall not be deemed to be
within the foregoing definition.
(b). "Disseminate" means to sell, lease or exhibit commercially and, in the
case of an exhibition, to sell an admission ticket or pass, or to admit persons who
have bought such a ticket or pass to the premises whereon an exhibition is presented.
(c). "Display for sale" in an area to which the public have access means dis-
play of material for sale so that a person may see portions of the material con-
stituting explicit sexual pictorial material.
(d). Material is placed upon "public display" if it is placed on or in a
billboard, viewing screen, theatre marquee, newsstand, display rack, window, showcase,
ORDINANCE NO. /31973
(Cont.)
display case or similar place so that matter within the definition of "explicit
sexual material" is easily visible from a public thoroughfare or from the property
of others.
SECTION 5 PENALTIES: Any person violating the provisions of this Ordinance
will be subject to a fine not to exceed $25 provided, however, that each day a
violation of this Ordinance continues will constitute a separate offense for which
a maximum fine will be $25 per day for the second and subsequent days of violation.
Provided that enforcement will be postponed for 30 days from publication hereof,to
allow merchants time to dispose of objectionable materials.
SECTION 6 SAVING CLAUSE: If any section, sentence, sub division or clause
of this ordinance is for any reason held invalid or to be unconstitutional, such
decision shall not affect the validity of the remaining portions of the ordinance.
SECTION 7 POWERS: The powers vested hereby in the City of Van Buren, Ark-
ansas shall be in addition to and cumulative to any and all other powers of said
City of Van Buren, Arkansas to enforce all laws and ordinances with respect to ob-
scenity and the local standards enacted herein applies to said laws and ordinances.
SECTION 3 EMERGENCY: That due to the need to have a law to deal with the
obscenity problem which is apparently non existing in the State of Arkansas under
the most recent ruling of the United States Supreme Court on it's decision, an
emergency therefore is declared and the Ordinance being necessary for the preservation
of the public peace, health and safety shall be in full force and effect from and after
its passage, approval and publication.
PASSED AND APPROVED THIS 10th DAY OF SEPTEMBER, 1973.
ATTESTED:
City Clerk