Loading...
HomeMy WebLinkAboutAgenda Report - December 8, 1982 (50)CITYCOUNC,L MEET'fift DEC -8o 1982 A presentation was made by Brenton Bleier under "Cannents by the Public on non -agenda items", whereby Mr. Bleier asked the Council to adopt a Resolution relating to the provision of so-called adult entertainment channels by the Lodi Cable Television and an Ordinance prohibit] -ng showing of sexually explicit cablecast programming to minors without parental presence or permission. Council 4' continued consideration of the matter for additional. '. information until the first meeting in January. Y r n F , , t 2 fi" Y F , ORDINANCE NO. Adopted by the City Council of the City of Lodi on date of: DRAFT ORDINANCE PROHIBITING SHOWING OF SEXUALLY EXPLICIT CABLECAST PROGRAMMING TO MINORC WITHOUT PARENTAL PRESENCE JR PERMISSION WHEREAS, certain television signal providers, hereinafter "Providers", are providing signals by means other than the use of the public airwaves including but not limited to cablecast— ing and microwave broadcasting; and WHEREAS, these Providers are offering programming to the general public which is inimical to the mental health and welfare of children under the age of 18 years; and WHEREAS, the City Council finds that many parents within the City of Lodi wish to prohibit th3ir own children tinder the age of 18 years from viewing such unhealthy and inappropriate programming. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LODI DOES HEREBY ORDAIN, as follows: I. It shall be unlawful for any person to display, cause to be displayed, or all -.,.)w to be display.1 uEon a television receiver under his responsibility, ownership or control certain sexually explicit adult programming, hereinafter "sex programming" as defined below, within the City of Lodi to any chid under the age of 18 years unless the parent of said child shall be physically present during such showing or unless the parent of said child shall have given said person the parent's prior written permission for said child to view the sex programming. Said written permission shall be within the physical custody of the person displaying, causing to display or allowing to be displayed such sex programming at the time of the display and shall be available for presentation to any law enforcement officer or official upon request. 2. "Sex programming" as the phrase is used within this ordinance small be defined as any graphic or pictorial depiction of sexual ii3tercourse or copulation between males and females, 0 to males and males, females and females, males and animals, or females and animals, female or male genitalia, the anus of a wale or female or that portion of the female breast which in- cludes the nipple, masturbation or simulated masturbation, oral copulation of the mouth of any person to the genitalia of any other parson o:: animal or that portion of the female breast which includes the nipple, or artificial or simulated sexual organs or genitalia. 3. This ordinance shall have no application to any show- ing or display of sex programming as defined herein which shall occur as part of an educational program of any institution under the supervision of the State Superintei.dent of Public Instruction. 4. Violation of this ordinance shall be punishable by imprisonment in the County Jail fo_ a period not to exceed one (1) year or a fine of not to exceed one Thousand Dollars ($1,000) for each such showing or display. S. It is the express intent of the City Council in adopt- ing this ordinance to prohibit only the viewing of sex program- ming as defined herein by children under the age of 18 without the presence or permission of their parents. This ordinance shall not be deemed or construed to affect or restrict in any way whatsoever the right of adults over the age of 18 years to view such sex programming. ATTEST: -2- RESOLUTION NO. DRAFT RESOLUTION RELATING TO THE PROVISION OF SO-CALLED ADULT ENTERTAINMENT CHANNELS BY LODI CABLE TELEVISION WHERF.AS, this Council has learned of the plans of Lodi Cable Televisi-n to provide "the Playboy Channel" as a premium service to its subscribers in Lodi; and WHERE45-, "the Playboy Channel" is typified by explicit ?ictorial representation, display and discussion of male and female frontal nudity, male and female genitalia, deviant sexual behavior and practices, copulation, fornication and marital infidelity; and WHEREAS, the Council finds that such presentai:ions with- in the homes of the people of the City of Lodi will have a marked and deleterious effect upon the quality of life of all of the citizens of Lodi and particularly its minor children; and WHEREAS, the Council believes that Lodi Cable Television may not have fully considered the adverse societal impact of this type of presentation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LODI that: 1. It is the sense of the Council that the provision of explicit, so-called adult entertainment programming, Such as - "the Playboy Channel" is an unfortunate degraduation of the cultural life of the Cit; of Lodi and its citizens and is to be deplored. 2: It is the sense of the Council that Lodi. Cable Tele- vision is to be encouraged to reconsider its decision to cable - cast such programming to the homes of Lodi. 3. It is the sense of the Council that Lodi Cable Tele- vision, if it should persist with such programming, should assure the citizens of the City of Lodi, its subscribers and this Council. clearly and unequivocally in writing that it will not display such programming on a "preview" or *promotional" basis to its regular subscribers. 4. it is the sense of the Council that if Lodi Cable Television should persist with such programming, it should, at a minimum, mandatorily provide lock b,.)x security devices to prevent the unauthorized viewing of this distasteful and unhealthy programming by children who may otherwise have access to the television set.. ATTEST: -2- CITY COUNCIL ME ET DEC. 8, 1982 , t -t PREsEarmiw RE L40DI CABLE T. V. ADULT ENTERTAIMUNT C[LANNELS A presentation was made by Brenton Bleier under *Ccm-lents by the Public on nm -agenda items", whereby Mr. Bleier asked the Council to adopt a Resolution relating to the provision of so-called adult entertainment channels by the Lodi Cable Television .1 an ordinance prohibiting Showing of sexually explic,t cablecast programming to minors without parental presence or permission. cm=il continued consideration of the matter for additional information until the first meeting in January.