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ORDINANCE NO. 60- 78
<br />
<br />BY: Messrs. Chinnock, Magnotto, McBride,
<br /> Salmon, Mrs. Wendling, Mr. Brockman,
<br /> Mr. Brown
<br />
<br />AN EbIERGENCY ORDINANCE to amend Section 533.11 of the General Offenses
<br />Code of the Codified Ordinances of the City of Lakewood relative
<br />to disseminating matter harmful to juveniles.
<br />
<br />WHEREAS, This ordinance consitutes an emergency measure providing for the
<br />immediate preservation of the public health, safety and welfare
<br />and for the usual daily operation of a municipal department, now,
<br />therefore, '
<br />
<br />BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br />Section 1. That Section
<br />the Codified Ordinances
<br />as follows:
<br />
<br />533.11 of the General Offenses Code of
<br />of the City of Lakewood now reading
<br />
<br /> 533.11 DISSEMINATING MATTER HARMFUl, TO JUVENII,ES.
<br /> (n) No person, with knowledge of its character, shall recklessly furnish or present
<br />to a juvenile any material or pcrformancc which is harmful to juveniles.
<br />
<br /> · (b) ?~e following are affirmative defenses to a charge under this section, involving
<br />material or a performance which is harmful to juveniles:
<br /> (1) The defendant is the parent,, guardian or spouse of the juvenile involved.
<br /> (2) The juvenile involved, at the time the material or performmme was presented
<br /> to him was accompanied by his parent or guardian who, with knowledge of its
<br /> character, consented to the material or performance, being furnished or
<br /> presented to the juvenile.
<br /> (3) The juvenile exhibited to the defendant or his agent or employee a draft card,
<br /> driver's license, birth cc~:ificate, marriage license or other official or
<br /> apparently official document purporting to show that such juvenile was eighteen
<br /> years of age or over or married, an(! tho person to wDoI'II such document was
<br /> exhibited did not otherwise have rcnsonablc cause to believe that such juvenile
<br /> was under the age of eighteen and m~marricd.
<br />
<br /> (c) It is an affirmative defense to a charge under this section, involving material or
<br />a perform:met which is Imrmful to juveniles, tha! such m:~cri:~l or I)('rformn~m(, w:~s furnished
<br />or presented for a bona fide medical, scientific, educational, governmental, judicial or
<br />other proper purpose, by a physician, psychologist, sociologist, ,scientist, teacher, librarian,
<br />clergyman, prosecutor, judge or other proper person..
<br />
<br /> (d) Whoever violates this section is guilty of dissmninating matter harmful to juveniles,
<br />a misdemeanor of thc first degree, if the material or thc performance involved is harmful
<br />to juveniles but not obscene. (ORC 2907.31)
<br />
<br />be and the sane ts hereby anended to reait as follows:
<br />533.11 DISSEMINATING MATTER HARMFUL TO JUVENILES
<br />
<br />(al It shalt be unlawful for any person, firm or
<br />a business establishment, or an agent or employee
<br />any of the following:
<br />
<br />corporation conducting
<br />thereof to do
<br />
<br />Reckless.ly display or permit to be displayed any material
<br />or performances which would be harmful to juveniles ,os
<br />defined by Section 533.01 (e) of this Chapter, in such
<br />a manner or in such a location with.in his business
<br />es.tablishment that the offensive material or performance
<br />may at any time, or in any manner, be viewed by juveniles;
<br />
<br />
<br />
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