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Home My WebLink AboutOrdinance 8101~.~- - - ~- - ~ , r .~ .~ a~ ,~,... ~~~-- ORDINANCE NO ~~'C/! a AN ORDINANCE AMENDING CHAPTER 35, THEATERS AND PLACES OF ENTERTAINMENT OF THE CODE OF THE CITY OF FORT WORTH TEXAS (1964) AS AMENDED, IN FULL 'BY RE-ENACTING THE ENTIRE CHAPTER OF 35 THEATERS AND PLACES OF ENTERTAINMENT, AS CHAPTER 35 THEATERS AND PLACES OF ENTERTAIN- MENT AND MAKING CERTAIN CHANGES, REVISIONS ADDITIONS AND DELETIONS THERETO PROVIDED FOR ATTENDANCE OF CERTAITQ MOTION PICTURES BY PERSONS UNDER SEVENTEEN (17) YEARS OF AGE, PROHIBITIOPI OF NUDE MOVIES VISIBLE FROM STREET RESIDENCES OR PRIVATE PROPERTY THIS ORDINANCE TO BE CUMULATIVE OF ALL ORDINANCES AND CODE PROVISIONS NOT IidCONSISTEPdT A SEVERAB.ILITY CLAUSE, A PENALTY CLAUSE, PUBLICATION OF THIS ORDINANCE IN THE OFFICIAL NET~TSPAPER FOR A PERIOD OF FIVE DAYS ENGROSSMENT AND ENROLLr-~ENT, AND Ail EFFECTIVE DATE BE IT ORDAINED BY THE CITY COU1`dCIL OF THE CITY OF FORT WORTH TEXAS SECTION I That all of Chapter 35 of the Code of the City of Fort Worth. (1964) as amended be and the same is hereby amended to read in full as follows "CHAPTER 35 "THEATERS AT1D PLACES- OF ENTERTAINMENT "Section 35-1 Attendance of Certain Motion Pictures By Persons Under Seventeen (17) Years of Age '(A) Owners managers or employees of motion picture theaters shall not with respect to the theater patrons or would be theater patrons less than seventeen (17) years of .age (l) Sell them tickets of admission to or permit their attendance at showings of motion pictures which have been rated '(R) Restricted' by the notion Picture Association of America unless such patron is accompanied by one of such patron's parents or legal guardians (2) Sell them tickets of admission to or permit their attendance at showings of motion pictures which have been rated ~(X) Not Suitable' by the Motion Picture Association of America "(B) It shall be a defense to prosecutions udder this section that the patron or would be patron less than 17 years of age was at_.the time of the alleged ~ viola ion emancipated by virtue of t (_1) being a member of the Armed Forces of the United States on active duty or (2) being lawfully married Section 35-2 ade Movies Visible From Street, Residences or ??rivate Property Declared Unlawful },. It shall be unlawful for the owner manager operator assistant manager assistant operator ticket seller ticket taker usher and/or any other person connected with or employed by any motion picture theater or drive-in motion picture to show or exhibit at a motion picture theater or drive-in motion picture theater in the City Fort Worth or to aid or assist in .such showing or exhibition any motion picture film or other exhibit which is visible from any public street or highway or resi- dence or other private property in which the pubic area bare buttocks bare female breast of the human body or strip-tease burlesque or nude scenes are shown " SECTION II That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964) as amended except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances in such Code in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION III That it is hereby declared to be the intention of the City Council that the Sections paragraphs sentences clauses and the phrases of this ordinance are severable and if any phrase clause sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any Court of competent jurisdiction such unconstitutionality shall not affect any of the remaining phrases, clauses sentences paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause sentence paragraph or section SECTION IV That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each violation of any of the provisions of this ordinance and each violation shall be punishable by a fine not exceeding Two Hundred Dollars ($200 00) ~2- SECTION V That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause and effective date of this ordinance for five (5) days in the official newspaper in the City of Fort GJorth as authorized by TEXAS REVISED CIVIL STATUTES art 1176b-1 SECTION VI That the City Secretary of the City of Fort [tiTOrth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Ulorth and by filing the ordinance in the ordinance records of said City SECTION VII That this ordinance shall be in full force and effect from and after the date of passage and publication as above specified APPROVED AS TO FORM AND LEGALITY City Attorney ADOPTED ~ ~ f q8 EFFECTIVE / j V -3- ~T DATE REFERENCE SUBJECT Ordinance Amending Chapter 35 PAGE 5/27/80 NUMBER of the City Code by enacting a Section lof 1 G-4558 35-1 and Re-enactin Exi of Movies Depicting Nudity as Section 35-2 Pursuant to citizens' requests of approximately s:ix weeks ago, to aid in the regulation of 'X' and R rated movie availability to minors ordi..na.~nces were prepared and circulated back to the Council for consideration comment and input Since that time representatives from the Mayor ~ artunittee or the Status of Women as well as others have provided input and comment As a consequence the draft. ordinance which provided. the most economical. me~~.ns of i.mpl.ementing some improvement in the regulation of a te.ndance bi~ minors at restricted or unsuitable motion plc. urPs has beer) recommended t~~r Council adoption In a slightly rEVised but substantively similar :r-crm to that originally c.irculate.d an ordinance amend7.ng Chapter 35 Theaters and Places of Entertainment of the Code of the City of Fart Worth is ~~pe.ndE-d Recommendation It is recommended t:h.e City Council of the City of Forr Worth adop*.. tt~~ attached ordinance after consideration upon fi st reading; rLereof May 7 1980 at i.ts regular meet_ng art June 3 1980 RL,H. ms Attachment APPROVED BY CITY COU(VCIL -~ ' 198 ~. SUBMITTED FOR THE ~ CITY MANAGER'S L ~ DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY ^ APPROVED DEPARTAMENT HEAD: ~~~'~~ ~T~ (~$~RIBE)'//~~ X 1l ll p~ ~~~ lJ Arthur R . P ~ J U dd1l GGGGGG 5~5 ~ ~ P CITY SECRETARY FOR ADDITIONAL INFORMATION coNrACr Arthur R Petersen Ext o 7623 DATE