ORD CC 1980-09 - Amending Ch 13 - Offenses and Misc provisions• •
ORDINANCE NO. 80 -9
AN ORDINANCE AMENDING CHAPTER 13, "OFFENSES AND MISCELLANEOUS
PROVISION" OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,
TEXAS BY ADDING FOLLO4ING THE PRESENT SECTION 13 -8 ENTITLED
"OBSCENE LITERATURE AND PICTURES - PRINTING,CIRCULATING, etc.
PROHIBITED" AN ADDITIONAL SECTION TO BE DISIGNATED 13 -8(a) TO
INCLUDE SALE AND OFFER FOR SALE AND TO INCLUDE THE "COMMUNITY
STANDARDS" TEST AND PROVIDING AN EFFECTIVE DATE.
Section 1
BE IT ORDAINED by the City Council of the City of Huntsville,
Texas, that the present Section 13 -8 of Chapter 13 of the
Huntsville City Code of Ordinances, be amended by adding .a
subsection (a).
Section 2
BE IT FURTHER ORDAINED that there be enacted a Section 13 -8(a)
to read as follows:
(a) No person may knowingly sell, offer for sale,
distribute, show or possess any obscene, lewd,
lascivious, filthy, indecent, sadistic or
masochistic book, magazine, photograph, or
motion picture film, within this city or any
area under jurisdiction of this ordinance.
(b) For the purpose of this chapter, the test of
whether or not material is obscene is:
whether to the average person, applying
contemporary adult community standards,
the dominant theme of the material taken
as a whole appeals to prurient interests.
(c) A person who violates this chapter shall be
fined not more than two hundred dollars ($200.00).
Section 3
Subsection (a) shall be effective from and after the date
of this enactment and adoption.
PASSED AND SIGNED INTO EFFECT in regular open session
of the City Counc 1 of the City
�,of� juntsville, Texas, on
this the day of �L���l /r�1, A.D., 1980.
THE CITY OF HUNTSVILLE, TEXAS
Morris I. Waller, Mayor
Ruth DeShaw, City Secretary
'
APPROVED AS TO RM: )
/(IC
F. Hastings Pannill, City Attorney