HomeMy WebLinkAboutOrdinance 6448 ORDINANCE NO. L_ "°_2
AN ORDINANCE AMENDING SECTION 35-21 OF CHAPTER
35 OF THE FORT WORTH CITY CODE (1964) , AS
AMENDED, BY 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,
HIGHWAY, RESIDENCE OR OTHER PRIVATE PROPERTY,
IN WHICH THE PUBIC AREA, BARE BUTTOCKS OR BARE
FEMALE BREASTS OF THE HUMAN BODY ARE SHOWN; MAK-
ING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
REPEALING 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 traffic accidents are matters of great concern and are
a proper subject for legislative consideration and action;
and,
WHEREAS, any sight or sound which distracts the at-
tention of the driver of a motor vehicle away from the safe
and careful operation thereof substantially increases the
risk of accident, injury or death to such driver and other
members of the traveling public; and,
WHEREAS, the City Council of the City of Fort Worth,
its duly authorized legislative body, hereby finds that any
motion picture, film, slide or other exhibit displayed at a
motion ,picture theater or 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 the operators
of motor vehicles and other members of the traveling public
and constitutes a traffic hazard; and,
WHEREAS, it is also a matter of public necessity
that the City Council of the City of Fort Worth protect
children in its public streets, highways, residences and
other private property from viewing motion picture screens
which display the pubic area, bare buttocks, bare female
breasts, or striptease, burlesque or nude scenes; NOW,
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS :
SECTION 1.
That Section 35-21 of Chapter 35 of the Fort Worth
City Code (1964) , as amended, is hereby amended so that same
shall hereafter be and read as follows:
"Sec. 35-21. Nude movies visible from
street, residences or
private property -- unlawful.
"It shall be unlawful for the owner,
manager, operator, assistant manager,
assistant operator, ticket seller, ticket
taker, usher and/or any other person con-
nected with or employed by any motion picture
theater or drive-in motion picture theater
to show or exhibit at a motion picture theater
or a drive-in motion picture theater in the
City of Fort Worth, or to aid or assist in
such showing or exhibition, any motion picture,
film, slide or other exhibit which is visible
from any public street or highway, or residence
or other private property, in which the pubic
area, bare buttocks, bare female breasts of the
human body, or striptease, burlesque or nude
scenes are shown."
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SECTION 2.
That this ordinance shall repeal every prior ordi-
nance and provision of the Fort Worth City Code in con-
flict herewith, but only insofar as the portion of such
prior ordinance 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 be and is hereby made cumulative.
SECTION 3.
It is hereby declared to be the intention of the
City Council that the sections, paragraphs, sentences,
clauses and 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 remain-
ing 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, para-
graph or section.
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
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exhibit which is visible from any public street or highway,
or residence or other private property, in which the pubic
area, bare buttocks or bare female breasts of the human
body, or striptease, burlesque or nude scenes are shown,
shall be deemed an offense and punishable by a fine not ex-
ceeding Two Hundred Dollars ($200) , and each violation there-
of 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.
SECTION 5.
That this ordinance shall be in full force and effect
from and after its passage and publication as required by
law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
5
City Attorney
Adopted by the City Council,:,"�� "Z" e."
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