Ord 1705 11/22/1954 k: r
ORDINANCE NO. (_I s
AN ORDINANCE PROHIBITING THE PUBLICATION, DISTRIBUTION, SALE OR
GIFT TO MINORS OF PRINTED MATERIAL, PHONOGRAPH RECORDS, PICTORIAL
MATERIAL OR OBJECTS WHICH ARE OBSCENE., IMMORAL, LEWD, LASCIVIOUS OR
INDECENT ; PROHIBITING THE PUBLICATION, DISTRIBUTION, SALE OR GIFT TO
MINORS OF PRINTED MATERIAL CONTAINING ACCOUNTS OF CRIMINAL DEEDS OF
BLOODSHED, LUST OR CRIME; PROVIDING_ A SAVING CLAUSE; PROVIDING A PENALTY;
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS:
SECTION 1. No,,..person, ...firm._ or corporation_ shall print, publish,
design, prep°are, import, distribute', exhibit, display, sell, possess with
intent to sell, offer for sale, loan or give away to a minor a book,
pamphlet, magazine, printed paper, phonograph record, drawing, picture,
photograph, figure, image, article or instrument or other thing which is
obscene, immoral, lewd, lascivious or indecent, tending to incite minors
to violent, depraved or immoral acts or that otherwise manifestly tends to
the corruption of the morals of minors.
SECTION 2. No person, firm or corporation shall print, publish,
write, import, distribute,exhibit, display, sell, possess with intent to
sell, offer for sale, loan or give away to a minor a, book, pamphlet,
magazine or other printed paper containing accounts of criminal, deeds or
pictures or storeis of deeds of bloodshed, lust or crime by characters
depicted either as real or fanciful, human of inhuman, which manifestly
tends to incite minors to disregard the law of the land.
SECTION 3. If any person, firm or corporation shall display a book,
. pamphlet, magazine, printd paper, phonograph record, drawing picture,
phonograph, figure image, article or instrument ox other thing which is
immoral., lewd, Lascivious or indecent tending to incite minors to violent,
depraved or immoral acts, or that otherwise manifestly tends to corrupt
the morals of minors or"whach contains acts of criminal deeds or pictures
or stories of deeds of bloodshed, lust or crime by characters depicted
either as real or fanciful, human or inhuman which manifestly tends to
incite minors to disregard the law of the land, where said article may be
seen by any minor visiting such place, such displays shall be prima vacie
evidence that the person in charge of such establishment was then exhibit-
ing same and intended to sell, offer for sale, furnish or attempt to
furnish such article to a minor or minors under the age of eighteen in
violation of this ordinance, but it shall be competent for the defendant
in any such case to show that no such intent existed.
SECTION 4. This ordinance shall not be construed to apply to those
acts of crime which are part of the ordinary and general dissemination of
news, nor to such drawings and photographs as are used to illustrate such
acts.
SECTION 5. If any section, subsection, or any part of this ordinance
shall be held to be unconstitutional or inoperative, such invalidity shall
not agect any of the remaining portions thereof, it being the express
intention of the Board of Aldermen to enact constitutional and operative
.provisions and they would not have included any unconstitutional or inopera-
'tive provision if they had known of such invalidity at the time the
ordinance was adopted.
SECTION b. Any person, firm or corporation that violates any provi-
sion of this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by Fine not to exceed the amount of
$200.00. Each day during which a violation continues shall be a separate
offense. Each separate article as above set forth constituting a violation
of this ordinance shall be a separate offense.
—` . SECTION 7. This ordinance shall take effect and be in full force
and effect from and after the date of its passage and publication as pro-
vided by law.
PASSED AND APPROVED this, the'Xy day of fir, A.D. 1954,
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A6TTEST
City Clerk _
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City Ittorney
Prepared and submitted by
Graham B. Purcell, Jr. ,
Attorney at Law, Staley Bldg.,
Wichita Falls; Texas
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