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HomeMy WebLinkAboutOrdinances Book 15, Page 407, No Ordinance Number107 i AN ORDINANCE ABOLISHING THE SALE, DISTRIBUTION, PUBLICATION AND POSSESSION OF INDECENT LITERATURE, PRINTED MATERIAL, PHONOGRAPH RECORDS, PICTORIAL MATERIAL AND COMIC BOOKS IN THE CITY OF PADUCAH, KENTUCKY, FURTHER PROVIDING AND CREATING A BOARD OF LITERARY REVIEW TO INSPECT RETAIL AND WHOLESALE ESTABLISH14ENTS AND TO OTHERWISE ASSIST LAW ENFORCEMENT AGENCIES IDI ENFORCING THIS ORDINANCE AND FURTHER PROVIDING 00 A PENALTY FOR ANY INDIVIDUAL, PARTNERSHIP, CORPORATION, AGENCY OR ASSOCIATION FOUND GUILTY OF VIOLATING THIS ORDINANCE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1, Whereas, the Board of Commissioners of the City of Paducah, Kentucky, has determined that the sale and exhibition of literature or any printed materials, phonograph records and pictorial material of an obscene nature is injurious to the public welfare and especially to minors, and whereas, Kentucky Revised Statutes L36.100 prohibits the distribution of obscene literature and provides a penalty for the violation of same, and this Commission, by ordinance, wishes to strengthen this Statute. SECTION 2. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, that no person, firm, corporation, partner- ship or association shall print, publish, desimn, prepare, import, export, distribute, exhibit, display, sell, possess with intent to sell, offer for sale, loan, Five away, any literature, printed materials, phonograph records, pictorial materials, hooks, comic nooks, printed papers, drawings, figures, images, articles or other thing, which are obscene, immoral, lewd, licentious, lascivious or indecent, to anyone and especially minors, within the corporate limits of the City of Paducah, Kentucky. SECTION 3. BE IT FURTHER ORDAINED that there is hereby created a Board of Literary Review for the City of Paducah, Kentucky, which shall consist of 9 members, who shall he selected by theBoard of Commissioners of the City of Paducah, Kentucky, and who shall serve for a period of two (2) years from the date of their appointment. Any vacancy on said board shall be filled by the Board of Commissioners of the City of Paducah, Kentucky, and the person appointed to fill such vacancy shall serve until the expiration of the term of office of the person whose unexpired term such person was appointed to fill. Said Board shall serve without compensation. SECTION 1- BE IT FURTHER ORDAINED that upon the passage of this ordinance and the appointment of the Board of Literary Review, the Board of Literary Review shall meet and organize, electing a chairman and a secretary and shall adopt rules and regulations for the orderly conduct of the affairs of the Board; and 1 h08 That after said board has met and organized and entered upon its duties, the Board of Literary Review shall call to the attention of the law enforcement agencies of the City of Paducah, Kentucky, any violations of this ordinance, and said notification shall be in writing, a copy of which shall be sent to the Mayor and City Prosecutor. The board shall have the right to express its views to propriety or legality of any violation of Section 2 of this ordinance. That said Board of Literary Review shall have the richt to institute and prosecute any and all persons, firms, corporations, and/or associations who violate any of the provisions of this ordinance. SECTION 5. BE IT FURTHER ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, that, if any section, subsection, sentence, clause or paragraph of this ordinance is declared unconstitutional, that it shall not affect the remaining portions of this ordinance, the Board of Commissioners of Paducah, Kentucky, hereby declaring that it would have enacted the remaining portions with the unconstitutional portions deleted. SECTION 6. BE IT FURTHER ORDAINED BY THE BOARD OF COP31ISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, that any person, firm, corporation, partnership or association violating any provision of this ordinance shall be fined not less than $50.00 nor more than $500.00, or imprisoned for not more than six months, or both so fined and imprisoned, and/or the revocation of occupational license, and/or the suspension of the right to deal in printed materials, books, magazines, comic books, phonograph records, images, drawings, or any other thin7s by which obscene matter might be transmitted; and each sale, exhibition, gift, or loan shall constitute a separate offense and/or each day this ordinance is violated shall be considered a separate offense. SECTION 7, BE IT FURTHER ORDAINED that this ordinance is not intended to override Kentucky Revised Statute 436.100 but is intended to supplement same. SECTION 8. BE IT FURTHER ORDAINED that this ordinance shall be in full force and effect from and after its adoption, and all ordinances or parts of ordinances in conflict herewith are hereby repealed and held for naught, I. I Mayor Passed by the Board of Commissioners October 27, 1964 Recorded by Sarah Thurman, City Clerk, October 27, 1961:.