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HomeMy WebLinkAbout7826ORDINANCE NO. 7826 AN ORDINANCE CREATING A BOARD OF CENSORS FOR THE CITY OF LITTLE ROCK, PROVIDING FOR THE ORGANIZATION AND DUTIES THEREOF, PROVID- ING FOR CENSORING EXHIBITIONS OF MOTION PICTURE SHOWS, VAUDE- ( VILLE, AND OTHER THEATRES, PLAYHOUSES, CIRCUSES, CARNIVALS', AND` ALL OTHER SHOWS AND PERFORMANCES, PROVIDING FOR THE CENSORING OF ADVERTISING, PUBLICLY DISPLAYED PICTURES) LITERATURE, MAGA- ZINES AND PUBLICATIONS, PROVIDING FOR A PENALTY FOR THE VIOLA- TI.ON THEREOF, REPEALING CERTAIN ORDINANCES, AND FOR OTHER `PUR- POSES . BE TT OR- DAINED'BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK., ARKANSAS: SECTION 1. In order to protect the morals, sense of decency, and peace of the residents of the City of Little Rock, especially those under legal age, a Board of Censors is hereby created consisting of twenty-four (24) members. One (1) member shall be chosen by the Little Rock Parent - Teachers Association, and one (1) member by the Association of the Men of the Churches of Little Rock; the member from each of said organizations shall be elected by such organization and certified to the City Council by the president and secretary of such organization one week prior to the first meeting of the City Council after the ann- ual city general election; the terms of the members so elected by said organizations shall be for one (1) year, and they will take office at the same time as the members appointed by the Mayor and aldermen. Two' (2) members shall be chosen by the Mayor from the citizens of the City at large. Each alderman shall appoint two (2) members from the resi- dents of the ward represented by such alderman. - SECTION 2. The terms of said members shall be for one (1) year, unless otherwise terminated sooner,.and the members appointed. by the - Mayor and aldermen of the City shall be appointed at the first council meeting afterthe city general election each year. The term of any member of the Board moving from the ward from which he was appointed shall be deemed terminated upon such move. Any board member may be'ie moved for cause by such appointing person upon the recommendation of a majority of the members of the Board. Any appointment to fill a vacaney upon the Board shall be for the unexpired term. SECTION 3. The Board of Censors so appointed shall within ten (10) days after the - organization of the new council each year, meet and eleot a chairman and -a secretary of the Board from its members. SECTION 4. The members of the'Board shall be sworn in as regular members of toe Police Department, and shall have police power in carry- ing out the provisions of this ordinance. The members of the Board shall -2- receive no pay for their services. Each member of the Board shall be furnished free of charge by the City a badge and card showing member- ship on the Board which they shall return to the Police Department up- on retirement from the Board. The badge and card shall entitle the member of the Board to enter freely any building, tent, or place where any performance or exhibition is held which is within the jurisdiction of said Board to investigate and enforce this ordinance. The manage - went shall furnish a seat or seats to the members of the Board and the City shall make no payment for seats used by the Board. SECTION 5. The Board of Censors shall have power to formulate and adopt such rules and regulations as may be necessary to assist it in carrying out the duties provided in this ordinance. Such rules and regulations shall be approved by the City Council after a public hear- ing has been held thereon 15 days notice of which shall be given and when so approved by the�Council shall have the force and effect of law. SECTION 6. Uncer the direction of the chairman, the members of the Board shall, in rotation as near as possible, singly or in groups: 4"Wo of not more than four (4), censor all attractions offered to the public in the various moving picture, vaudeville, and other theatres, play- houses, houses of exhibition, circuses, carnivals, street shows, and any and all exhibitions and*perf ormances offered to the public. Every performance of each show may be censored should. the chairman deem it necessary. . SECTION 7. When a member of the Board , after examining an exhib- ition, or performance of any kind, finds that any part of the same is in violation of the ordinance, it shall be the duty of the member to report the same to the management of the place where said exhibition or performance is held and order the unlawful part or parts excluded from future shows. If the management does not agree with the censor or fails to do so after so agreeing, the censor shall report same to the chairman who shall direct that at least three members of the Board review the next performance. If it is the unanimous opinion of those reviewing the performance that part or parts of the show or exhibition are uplawful,*they shall report the same-to the Chief of Police who shall have the authority and will close the place of show or exhibition -3- until a lawful program is offered. SECTION 8. All advertisements, advance or otherwise, of every type of entertainment shall carry notation whether appropriate for children, families, or adults only, in accordance with standards pub- lished in Y-otion Picture Association. of America, or other publications selected by the Board. If by reason of various advertising, press notices, or suggestive names, the chairman of the Board deems it necessary, he may order that three (3) members of the Board censor such performance or exhibition. When it is the unanimous opinion of those so .censoring the performance that it, or parts of it is in violation of this ordinance, they shall order the unlawful part or parts excluded from future shows. Should the management fail to agree with the censors., or fail to do so after so agreeing, they shall report to the Chief of Police who will close the show Ior place of exhibition until a lawful program is offered. SECTION 9. Service by three members of the Board where a unani- mous decision is required shall be known as special service. The secre- tary of the Board shall prepare in alphabetical order a list of the mem- bers of the Board which he shall correct as often as changes occur in the membership. When the chairman of the Board shall deem special ser- vice necessary, he shall call names from the top of said list for special service; said service shall be designated on said list in order that special service can be rotated and no' member shall be called upon for subsequent special service until all other members have served. SECTION 10. The Board of Censors shall have authority to examine pictures shown to the public, whether for sale or not, and all advertis- ing and window displays and shall order removed from any public exhibit- ion any picture or window display which violates the provisions of this ordinance. SECTION 11. The Board of Censors shall have authority to examine papers, magazines, books and other publications offered for sale in the City of Little Rock and order excluded from sale any of the same which they find violates the public sense of decency, morals, and propriety, or which might lead those under legal age into delinquency. -4- SECTION 12. The Board of Censors shall pass on publications at meetings called by the chairman and a 3/4 vote of those members pres- ent shall be required to exclude from sale any publidation, provided that public notice shall be given that any such publication is excluded from sale, and 15 days thereafter its sale in the City of Little Rock shall be unlawful. Provided further, .that a quorum of a majority of the members of the Board are present at such meeting. SECTION 13. It shall be unlawful for any theatre, playhouse, cir- cus, carnival or other exhibition performance or any merchant, store, or advertising company, or any publisher, or retail seller to sell, ex- hibit, or offer for sale or exhibition, any picture, moving picture, show, play, attraction, carnival, act, book, magazine, paper, advertising display, or any act, scene or part thereof that is indecent, immoral, obscene, prof ane, licentious, lewd, or against public morals. SECTION 14. It shall be unlawful for any person, firm, or corpor- ation, operating, managing, controlling or owning any motion picture show, vaudeville, or other theatre, playhouse, house of exhibition, cir- cus, carnival, street show, or any other performance or exhibition to exhibit or attempt to exhibit any motion picture or part thereof, vaude- ville, or other performance which is in violation of this ordinance or which has been disapproved and unanimously declared unlawful by three members of the Board of Censors acting in special service. Such viola - tion shall constitute a misdemeanor, and shall be punishable by fine of not less than $50.00 or more than $200.00. Each time a picture film, or part thereof, vaudeville or other performance or part thereof shall be exhibited after the same has been disapproved and declared unlawful unanimously by three members of the Board of Censors acting in special service shall be considered a separate offense, constitute a misdemean- or and shall be punishable by fine of not less than $50.00 or more than $200.00. SECTION 15. It shall-be unlawful for any person to participate in or take part in any exhibition or performance in violation of this or- dinance, or which has been unanimously declared unlawful by three or more members of the Board of Censors. Such violation shall constitute a misdemeanors and shall be punishable by a fine of not less than x;25.00 or more than $50.00. Each performance or showing by those participating._ .rt -4- SECTION 12. The Board of Censors shall pass on publications at meetings called by the chairman and a 3/4 vote of those members pres- ent shall be required to exclude from sale any publidation, provided that public notice shall be given that any such publication is excluded from sale, and 15 days thereafter its sale in the City of Little Rock shall be unlawful. Provided further, .that a quorum of a majority of the members of the Board are present at such meeting. SECTION 13. It shall be unlawful for any theatre, playhouse, cir- cus, carnival or other exhibition performance or any merchant, store, or advertising company, or any publisher, or retail seller to sell, ex- hibit, or offer for sale or exhibition, any picture, moving picture, show, play, attraction, carnival, act, book, magazine, paper, advertising display, or any act, scene or part thereof that is indecent, immoral, obscene, prof ane, licentious, lewd, or against public morals. SECTION 14. It shall be unlawful for any person, firm, or corpor- ation, operating, managing, controlling or owning any motion picture show, vaudeville, or other theatre, playhouse, house of exhibition, cir- cus, carnival, street show, or any other performance or exhibition to exhibit or attempt to exhibit any motion picture or part thereof, vaude- ville, or other performance which is in violation of this ordinance or which has been disapproved and unanimously declared unlawful by three members of the Board of Censors acting in special service. Such viola - tion shall constitute a misdemeanor, and shall be punishable by fine of not less than $50.00 or more than $200.00. Each time a picture film, or part thereof, vaudeville or other performance or part thereof shall be exhibited after the same has been disapproved and declared unlawful unanimously by three members of the Board of Censors acting in special service shall be considered a separate offense, constitute a misdemean- or and shall be punishable by fine of not less than $50.00 or more than $200.00. SECTION 15. It shall-be unlawful for any person to participate in or take part in any exhibition or performance in violation of this or- dinance, or which has been unanimously declared unlawful by three or more members of the Board of Censors. Such violation shall constitute a misdemeanors and shall be punishable by a fine of not less than x;25.00 or more than $50.00. Each performance or showing by those participating._ -5- therein after same has unanimously been declared unlawful by three or more members of the Board of Censors, shall be considered a separate offense, constitute a misdemeanor, and be punishable by a fine of not less than $25.00 or more than $50.00. SECTION 16. It shall be unlawful to exhibit publicly a picture or pictures, whether for sale or not, in violation of this ordinance. Such violation shall constitute a misdemeanor, and be punishable by a fine of not less than $25.00 or more than $50.00. reach. hour that a picture unanimously declared unlawful by three or more members of the Board of Censors, is publicly exhibited after such. declaration shall be considered a separate offense, constitute a misdemeanor and shall be punishable by a fine of not less than $25.00 or more than :50.00. SECTION 17. Each sale or offer for sale of a publication ordered excluded from sale by the Board of Censors shall be considered a separ- ate offense, constitute a misdemeanor, and shall be punishable by a fine of not less than $25.00 or more than k50.00. SECTION 18. In order to protect the peace, safety, public welfare, sense of decency, and morals of the citizens of the City of Little Rock, this ordinance shall take effect and be in full force from and after its passage, and all ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED: December 27, 19.8• . ATTEST: APPROVED: City Clerk Mayor s