§ 1.61. Definitions; display; penalties and remedies.

1.

Definitions: For the purpose of this ordinance, the following definitions shall apply:

a.

Persons means any individual, partnership, association or corporation.

b.

Offensive means that the work in which the representations appear, taken as a whole, appeals to the prurient interest and patently depicts or portrays the prohibited sexually explicit material in a manner which, taken as a whole, lacks serious literary, artistic, political or scientific value.

c.

Sexually explicit material means any pictorial or written material depicting human sexual intercourse, human or animal masturbation, bestiality, oral intercourse, anal intercourse, human-animal intercourse, excretory functions, homosexual acts, direct physical stimulation or touching of clothed or unclothed genitals or public areas of the human male or female, flagellation or torture by or upon a person in the context of a sexual relationship or sexual stimulation. The material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this ordinance. Works of art or of anthropological significance are not included within the definitions of this ordinance.

d.

Measurements, for the purpose of this ordinance, shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of an adult commercial establishment to the nearest property line of a church, public school, private school, city-owned real property, or a district restricted to residential use under the zoning ordinance of the City of Mission, Texas.

e.

Public school means any campus, grounds, or buildings of an institution for teaching or instruction which is a part of the Mission Consolidated Independent School District, the Sharyland Independent School District, or any other independent school district created under the laws of the State of Texas situated wholly or partly within the city limits of the City of Mission, Texas.

f.

Private school means any campus, grounds or building of an institution for the teaching or instruction of children between the ages of three years to 12 years of age, said institution being a nonprofit school owned, controlled, operated and conducted by a bona fide religious, denominational, eleemosynary, or similar institution exempt from property taxation under the laws of the State of Texas.

g.

Sexual activities shall mean the act of human or animal masturbation, bestiality, oral intercourse, anal intercourse, human-animal intercourse, excretory functions, homosexual acts, direct physical stimulation or touching of clothed or unclothed genitals or pubic areas of the human male or female, flagellation or torture by or upon a person in the context of a sexual relationship or sexual stimulation which is conducted at any place that either has or is required to have an alcoholic beverage permit of any kind or type.

2.

Display or sale of offensive, sexually explicit material: No person shall distribute or sell to any other person within 1,000 feet of a church, private or public school, any city-owned property, or within 600 feet of the outside boundaries as established in said zoning ordinance of a district restricted to residential use under the zoning ordinance of the City of Mission, Texas, any offensive, sexually explicit material.

2a.

[Display of sexual activities:] No sexual activities shall be engaged in or displayed within 1,000 feet of a church, private or public school, any city-owned property or within 600 feet of the boundaries as established in said zoning ordinance a district restricted to residential use under the zoning ordinance of the City of Mission, Texas.

2b.

[Display of genital areas, buttocks, etc.:] No one shall display their genital areas, or the buttocks of a male or female or the breast of a female to public view for a fee or the entertainment of a group of two or more observers, or at any commercial establishment within 1,000 feet of a church, private or public school, or any city-owned property or within 600 feet of the boundary of any residential zone under the zoning ordinance of the City of Mission, Texas, or any residence.

3.

[Offensive material in] places frequented by persons under 17 [years of age]: No person shall exhibit or display in any place frequented by persons 17 years [of age] or younger, any offensive, sexually explicit material.

3a.

[Sexual activities in commercial establishments frequented by persons under 17 [years of age]:] No sexual activities shall be engaged in or displayed in any commercial establishment frequented by persons 17 years [of age] or younger.

3b.

[Display of genital area, buttocks, etc., in commercial establishments frequented by persons under 17 [yearts of age]:] No one shall display their genital area, or the buttocks of a male or female or the breast of a female to public view for a fee or the entertainment of a group of two or more observers, or at any commercial establishment frequented by persons 17 years [of age] or younger.

4.

Penalty: Any person who violates a provision of this ordinance is guilty of a separate offense for each day or portion of a day during which the violation is committed, continued, or permitted, and each offense is punishable by a fine not to exceed $200.00.

5.

Judicial remedies: In the event of a violation of this ordinance or any of its provisions by any person, corporation, association, or any other type of business entity, its agents, servants or employees, the city or any resident thereof may, in addition to other remedies, institute any appropriate action or proceedings to prevent such violation, including the right to restrain, enjoin, correct or abate such violation, in any court of competent jurisdiction in accordance with the laws of the State of Texas.

5a.

[Permits, conditional use permits, licenses not to be granted to persons in violation of this section:] No permit or conditional use permit, or other license shall be granted by the city to anyone in violation of this ordinance. Any permit, conditional use permit or license theretofore granted by the city shall be terminated upon the determination that such party is in violation of this ordinance by any court, whether it is a record court or not. In the event of an appeal of such determination, this provision will be suspended only upon the posting of a $25,000.00 surety bond with the city secretary conditioned upon a final determination that such person was not in violation of this ordinance.

(Ord. No. 1166, §§ 1—4, 6-14-1982; Ord. No. 1200, § 4, 12-13-1982; Ord. No. 1209, §§ 1, 2, 3-14-1983)