HomeMy WebLinkAboutOrdinance 5967 ORDINANCE NO.
AN ORDINANCE PROMOTING TRAFFIC SAFETY IN
THE CITY OF FORT WORTH BY AMENDING CHAPTER
35 OF THE FORT WORTH CITY CODE (1964) BY
ADDING THERETO SECTION 35-21; MAKING IT
UNLAWFUL FOR ANY PERSON TO EXHIBIT AT A
MOTION PICTURE THEATER OR DRIVE-IN MOTION
PICTURE THEATER IN THE CITY OF FORT WORTH
ANY MOTION PICTURE, FILM, SLIDE OR OTHER
EXHIBIT WHICH IS VISIBLE FROM ANY PUBLIC
STREET OR HIGHWAY IN WHICH THE PUBIC AREA,
BARE BUTTOCKS OR BARE FEMALE BREASTS OF
THE HUMAN BODY ARE SHOWN; MAKING THIS ORDI-
NANCE CUMULATIVE OF PRIOR ORDINANCES; RE-
PEALING ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the death, injury and human suffering that occur
daily on the public streets and highways as a result of traf-
fic accidents is a matter of great concern and a fit subject
for legislative consideration and action; and
WHEREAS, any sight or sound which distracts the atten-
tion of the driver of a motor vehicle away from the business
of safe and careful driving sharply increases the risk of
accident, injury or death to him and to other members of the
traveling public; and
WHEREAS, the City Council of the City of Fort Worth, its
duly authorized legislative body, hereby finds it to be a
fact that any motion picture, film, slide or other exhibit
displayed at a motion picture theater or a drive-in motion
picture theater which is visible from any public street or
highway and which shows the pubic area, bare buttocks or
bare female breasts of the human body does distract the
attention of a motor vehicle driver away from the road and
from the business of safe and careful driving and consti-
tutes a traffic hazard; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
SECTION 1.
That Chapter 35 of the Fort Worth City Code (1964) is
hereby amended by adding to said Chapter Section 35-21
reading as follows:
"Sec. 35-21. Nude movies visible from
street--unlawful.
"It shall be unlawful for the owner, manager,
operator, assistant manager, assistant opera-
tor, ticket seller, ticket taker, usher and/or
any other person connected with or employed
by any motion picture theater or drive-in
motion picture theater to show or exhibit at
a motion picture theater or drive-in motion
picture theater in the City of Fort Worth or
to aid or assist in such showing or exhibi-
tion any motion picture, film, slide or other
exhibit which is visible from any public
street or highway in which the pubic area,
bare buttocks or bare female breasts of the
human body are shown. "
SECTION 2.
That this ordinance shall repeal every prior ordinance
and provision of the Fort Worth City Code in conflict here-
with but only insofar as the portion of such prior ordi-
nance or provision shall be in conflict, and as to all
other ordinances or provisions of the Fort Worth City Code
not in direct conflict herewith, this ordinance shall and
is hereby made cumulative.
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SECTION 3.
That if any section, part of a section or provision of
any section of this ordinance shall be held to be void, in-
effective or unconstitutional by a court of competent juris-
diction, the holding of such section, part of a section or
provision of any section to be void, ineffective or uncon-
stitutional for any cause whatsoever shall in no way affect
the validity of the remaining sections and provisions of
this ordinance, which shall remain in full force and effect.
The City Council would not have passed any sections, parts
of sections or provisions of any section of this ordinance
that were unconstitutional, void or ineffective if it had
known that they were unconstitutional, void or ineffective
at the time of adopting this ordinance.
SECTION 4.
That the violation of any provision of this ordinance
or of the Fort worth City Code relating to the showing or
exhibition at a motion picture theater or drive-in motion
picture theater of any motion picture, film, slide or other
exhibit which is visible from any public street or highway
in which the pubic area, bare buttocks or bare female breasts
of the human body are shown shall be deemed an offense and
punishable by a fine not exceeding Two Hundred Dollars ($200) ,
and each violation thereof and each day there is a failure
to comply with the terms of this ordinance shall be and is
hereby deemed to be a distinct and separate offense and
punishable as such.
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SECTION 5.
That this ordinance shall be in full force and effect
from and after its passage and publication as required by
law.
APPROVED AS TO FORM AND LEGALITY:
..�'� •✓FBI
City Attorney
Adopted by the City Council
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Effective