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ORDINANCE NO, 6~
AN ORDINANCE CREATING THE WEST MEMPHIS BOARD
OF REVIEW; DEFINING ITS DUTIES; DECLARING AN
EMERGENCY, and FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS, THAT:
Section 1. In order to protect the morals, sense of decency and peace
of the residents of the City, especially those under legal age, a Board of Re-
view is hereby created consisting of fifteen (15) members. Each Council-
man shall appoint one (1) member of said Board, and the balance of said
members shall be appointed by the Mayor, All appointees shall be qualified
electors of the City of West Memphis, and shall be appointed by Ja~xrary 2ad'..'.~_
of each year, in order that the new Board may be officially organized in
January of each year;
Section 2, Terms of Office: The terms of the members of the said
Board shall be one (1) year each and shall expire on the 31st day of December
of each year. Each member of the City Council shall have the right to remove,
at any time, any member of the Board of Review appointed by him and the
same authority is hereby given the Mayor relative to the Mayorzs appointees
to said Board. Any appointment to fill a vacancy on the said Board of Review
shall be for the unexpired term of the said vacancy;
Section 3. Chairman of Board: The Board of Review so appointed
shall, within ten (10) days after the organization of the new Board each year,
meet and elect a Chairman and a Secretary of the Board from its members;
Section 4. Police Powers; Free Admission: The members of the
Board shall be sworn in as a regular member of the West Memphis Police
Department and shall have police power in carrying out the provisions of this
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article. The members of the Board shall receive .no pay for their ser-
vices. Each member shall be furnished free of charge by the City, a
card showing membership on the Board which they shall return to the Police
Department upon retirme.nt from the Board. The card shall entitle the
members of the Board to enter freely any building, tent or place where
a.ny performance or exhibition is held which is within the jurisdiction of
the said Board, to investigate i.n the enforcement of this article, The
management 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. Rules and Regulations; Approval; Public Hearing. The
Board of Review shall have power to formulate a.nd adopt such rules a.nd
regulations as may be .necessary to assist it i.n carrying out the duties
provided in this Ordi.na.nce. Such rules and regulations shall be approved
by the City Council after a public hearing has been held thereon, two weeks
.notice of which shall be given and when so approted by the City Council,
shall have the :force a.nd effect of law;
Section 6, Duties: Under the direction of the Chairman, the mem-
begs of the Board shall, i.n rotation as near as possible, singly or in
groups of .not more than four (4), review all attractions offered to the
public i.n the various moving pictures, vaudville and other theaters, play -
houses, houses of exhibition, circuses, carnivals, street shows a.nd all
exhibitions a.nd per:forma.nces offered to the public. Every performance
of each show may be reviewed should the Chairman deem it necessary;
Section 7. Special Service By Members of the Board; Defined;
Rotation: Service by three (3) members of the Board where a unanimous
decision is required shall be known as Special Service. The Secretary of
the Board shall prepare i.n alphabetical order, a list of the members of
the Board which he shall correct as often as changes occur in the member-
ship. When the Chairman of the Board shall deem Special Service neces-
sary, he shall call names from the top o.f said list for Special Service;
said service shall be designated on said list i.n order that Special Service
can be rotated a.nd no member shall be called upon for subset}ue.nt Special
Service until all members have served;
Section 8. Jurisdiction -Pictures and Display. The Board of Re-
view shall have the authority to examine pictures shown to the public,
whether for sale or .not a.nd all advertising and window displays a.nd shall
order removed from a.ny public exhibition any picture or window display
which violates the provisions of this ordinance;
Section 9. Publications. The Board of Review shall have the autho-
rity to examine papers, magazines, books a.nd other publications offered
for sale in the City a.nd order excluded :from sale, a.ny o:f the same which
they find violates the public sense of decency, morals a.nd propriety, or
which might lead those under legal age into delinquency;
Section 10. Minors; Exclusion of Publications Detrimental To.
The Board of Review shall pass on publications at meetings called by the
Chairman, provided a quorum of a majority of all members of the Board
are present. In passing upon publications, the Board may, upon a vote
of two-thirds (2 /3) of those present, immediately exclude from sale,
a.ny publication it deems violates the public sense of decency, morals a.nd
propriety or which might contribute to the deli.nque.ncy of minors;
Section 11. Newspaper Advertisements of E.ntertai.nme.nts to Indi-
cate Type of E.ntertai.nme.nt. All newspaper advertisements, advance or
otherwise, o.f every type of entertainment, shall carry a .notatio.n whether
appropriate for children, family or adults only, i.n accorda.nce with standards
published i.n Motion Picture Association of America, or other publications
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selected by the Board. Any person publishing or displaying any such
advertisement without such .notation shall be guilty of a misdemeanor
a.nd upon having been found guilty of such violation shall be fined .not less
than $25.00, .nor more than $50. 00 and each a.nd every day said violation
continues shall constitute a separate offense;
Section 12. Violations -Procedure .for Correction; Failure to
Correct. Whenever three (3) members of the Board shall have examined
or reviewed an exhibition or performance of a.ny kind; a.nd shall have
unanimously found that a.ny part of it is i.n violatio.n of this article, they
shall report the same to the management of the place where said exhibition
or performance is held and order the unlawful part part or parts excluded
from future shows. If the ma.nageme.nt does .not agree with the reviewers
or fails to exclude such part or parts after so agreeing, the Reviewers
shall report the same to the Chief of Police who shall have the authority
a.nd will close the place or show or exhibition until a lawful program is
offered. No member of the Board of Review shall act under the provisions
of this Section more than o.ne time in a.ny one calendar year until all
members of said Board have so acted during the said year;
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Section 13. Same - Defined. It shall be unlawful for a.ny theater,
play-house, circus, carnival or other exhibition performance or any
merchant, store or advertising company, or a.ny publisher, or retail
seller to sell, exhibit, or offer .for sale or exhibition, a.ny picture, moving
picture, show, play, attraction, carnival, act, book, magazine, paper,
advertising display, or a.ny act, scene or part thereof that is i.ndece.nt, im-
moral, obscene, profane, licentious, lewd, or against public morals.
Section 14. Same -Shows and Exhibitions; Penalty. It shall be un-
lawful for a.ny person operating, managing, controlling or owning a.ny motion
picture show, vaudeville, or other theater, playhouse, house of exhibition
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circus, carnival, street show, or any other performance or exhibition
to exhibit or attempt to exhibit a.ny motion picture or part thereof, vaude-
ville, or other performance which is in violation of this article or which
has been disapproved and unanimously declared unlawful by three (3)
members of the Board o:f Review acting in special service. Such violation
shall constitute a mi.sdemea.nor and shall be punishable by .fi.ne of .not less
than $50.00 .nor 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 u.nlaw:ful unanimously by
t hree members o.f the Board acting in special service shall be considered a separate
offense, constitute a misdemeanor and shall be punishable by fine of .not less
than $50. 00 .nor more than $200. 00.
Section 15. Same -Participants i.n Shows, etc. ; Penalty. It shall be
unlawful for any person to participate in or take part i.n any exhibition or
performance i.n violatio.n of this article, or which has been u.na.nimously de-
Glared unlawful by three or more me tubers of the Board of Review. Such
violation shall constitute a misdemeanor, and shall be punishable by a fine
of .not less than $25.00 .nor more than $50.00. Each performance or showing by
those participating therein after same .has unanimously been declared u.n-
lawful by three (3) or more members of the Board of Review, shall be
considered a separate offense, co.ntitute a misdemeanor, and shall be pu.nish-
able by a .fi.ne of .not less than $25.00 .nor more than $50. 00.
_.,._
Section 16. Same -Exhibition of Pictures; Penalty. It shall be u.n-
lawful to exhibit publicly a picture or pictures, whether for sale or .not, in
violation o:f this article. Such violation shall constitute a misdemeanor and
shall be punishable by a fine of .not less than $25.00 .nor more than $50.00.
Section 17. Emergency Clause. It is hereby found by the City Council
of the City of West Memphis that in order to protect and safeguard the sense
of decency, peace, safety, health a.nd welfare of the inhabitants of the
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City of West Memphis, a.nd especially those under legal age, an emergency
is hereby declared to exist,. and this Ordinance shall be in full force a.nd
effect from a.nd after its passage a.nd approval.
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Passed this 26th day of October 1970.
CITY OF WEST MEMPHIS, ARKANSAS
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APPROVED: ~- ~ .. _~
MA YO R
VETO:
MAYO R
ATTE __
CITY CLERK