HomeMy WebLinkAboutORDINANCE - 905 - 1/6/1974 - OBSENITY/AMEND CODEORDINANCE NO. 905
WHEREAS, the United States Supreme Court has recently announced several
opinions which have a significant effect upon the interpretation of laws
regulating obscene material; and,
WHEREAS, Illinois Law empowers a municipality to deal with obscenity; and,
WHEREAS, the Corporate authorities, after study and investigation, are
of the opinion and find that obscene material impairs public health, welfare
and morals of the catn¢mity and that such material may be a contributing cause
of sexual promiscuous behavior as well as to incite sexually criminal behavior
in the ocnmunity; and,
WHEREAS, the President and Board of Trustees of the Village of Elk Grove
Village believe that there is an urgent need that this Ordinance be given
immediate effect so as to provide direction to its officials, safeguard the
rights of the individual and protect the morals of the ccu munity.
NOW, T MEMRE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Elk Grove Village as follows:
Section 1. That the Municipal Cade of Elk Grove Village be amended
by adding thereto the following:
Article 24-E "OBSCENITY"
Section 24-E 101: IT SHALL BE UNLAWFUL for any person to sell,
deliver, offer for sale, distribute, publish, print, exhibit or
possess with intent to distribute, with knowledge of the nature
or content thereof, or recklessly failing to exercise reasonable
inspection which would have disclosed the nature or content
thereof, any obscene writing, picture, moving picture, record
or other representation or embodiment of the obscene, or to
present or to direct an obscene play or other performance or
to perform an obscene act or otherwise present an obscene
exhibition or to advertise or otherwise pranote obscene material.
Section 24-E 102: A thing shall be deemed to be obscene if the
average person would find that the work taken as a whole appeals
to a prurient interest, and the work depicts or describes patently
offensive representations or des,riptions of nude persons, ultimate
sexual acts, normal or perverted sexual conduct, whether actual
or simulated, or patently offensive representations or descriptions
of masturbation, excretory functions and lewd exhibition of the
human genitals. The work, taken as a whole, must lack serious
literary, artistic, political or scientific value.
Section 24-E 103: Affirrative Defense. It shall be an affirmative
defense to obscenity that the dissemination: (1) was not for gain,
and was made to personal associates other than children under 18
years of age; (2) was to institutions or individuals having
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scientific or other special justification for possession of
such material.
Section 24-E 104: That which is obscene under this Ordinance
is hereby declared to be a nuisance.
Section 24-E 105: Penalty. Any person, firm or corporation
violating the provisions of this Ordinance shall be fined not
less than $50.00 nor more than $500.00: a separate offense
shall be desired conrutted on each day during or on which a
violation occurs or continues to occur.
Upon judicial determination, obscene material shall be
seized and disposed of as contraband.
In addition, Village authorities may apply for an injunction
and other relief as necesssary to abate the nuisance.
SECTION 2. The Village Clerk shall publish the foregoing Ordinance in
pamphlet form.
SECTION 3; This Ordinance shall be in full force and effect from and after
its passage and approval according to law and shall be given irrrediate effect.
PASSED this day of,�...,.,, .�t, 1974
APPROVED this L y day / i -.v C ,
1974.
Vote: Ayes Nays__o Absent
ATTEST:
Village &ork