AUGUST 27, 1973
MINUTES OF THE HONORABLE CITY COUNCIL
.OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
August 27, 1973
The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in the Counci.1 Chambers in the Administration
Building in the Borough of Princess Anne, on Monday, August 27,
@973,-at 2:00 p.m.
The invocation was given by the Reverend Charles Jones, Kempsville
Baptist Church, Virginia Beach, Virginia.
Counci'lmen present: John A. Baum, Robert H. Callis, Jr., Mayor
bert B. Cromwell, @r., V,ice Mayo@ F.. @@id.,@Fv@n., Ge-,o.rg@,,A,
'@Feo@iiill-,"C@ar-les'@l@. (i@r@.n@'e'r","@cia'r*'ence'- A. Ho'llah(f,' b. Murray Malboh,
J. Curtis Payne, and Donald H. Rh6d@s
Councilmen absent: Floyd E. Waterfield, Jr.
ITEM #6271
On motion by CoLincilman Ferrell, seconded by Councilman Rhodes,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the Minutes of the Regular Meeting of
August 20, 1973, aid the reading of said Minutes dispensed with
inasmuch as each Councilman had a copy of the subject Minutes
before him.
ITEM #6272
Application df Cape 14enry School, Inc. to mc>dify Application #1549 to include
8 rnodul@'r i;lassrooms of a ternnorary n-,iture (Z-year lirnit-@tion) pending
constructiozi of Y)errnanent cl,-.ssroom faciliticti as a, -roved on ttl@- ori@inal
uce perrnit dated Juiie 21, 19-13, on certain T3roT)crty located on th- E-ast sicle
of First Colonial Poad and tl-ie @outh sicic! of Woodlio,,se Roacl, l@coinning at a
point 20 feet more or less L-ast of First Colonial runninf,, a distance of
1403 fcct more or leaf; along the I'\Tortliern Trot)erty line of which 1231 feet is
the South ride of N7.,@oodhouse Road, runnin-I a distance of 6Zl feet alon@ the
Eastern pro,,)crty line. runnixi@ a clistance of 128,@ foat alo,-ir, the @@outhern
property line and rtiariiii@ a dil;tance of 770 feet aloiig the Nl,;estern i3ronerty
line of v.,hicli 456 feet is the l@ast side of Fir@-t Colonial r@,oad. 1--ild T)ronerty
contaiiis 20. 5 acres. (V.'oodhurct-Alanton Areas). LY,@Iiii-D@V-N BOrOUGil.
7-
COUNCILNLkN CALLIS LEFT THE COUNCIL CIIANIBERS
Mr. Gray appeared on behalf of the applic.ation.
On motion by Vice Mayor Ervin, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, -J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and Flbyd E. Waterfield, Jr.
City.Council approved the above application of Cape Henry School,
Inc. to modify Application #1549 to include 8 modular classrooms
of a temporary nature (2-year limitation) pending construction of
.,-,'.,-.ppTjAanppt, (;@as*roo,m facilities as. ap roved on the original use
permit dated June 21, 1973,@"on certal@ property lo-c@'a-i-ed:6il@@i@e'Ea@st"@
side of First Colonial Road and the South side of Woodhouse Road,
beginning at a po4-nt 20 feet more or less East of First Colonial
Road, running a distance of 1403 feet more or less along the
-Northern property line of which 1231 feet is the South side of
Woodhouse Road, running a distance of 621 feet along the Eastern
property line, running a distance of 1284 feet along the Southern
property line, and running a distance of 770 feet along the Western
property line of which 4S6 feet is the East side of First Colonial
Road. Said property contains 20.S acres. (Woodhurst-Alanton Areas).
Lynnhaven Borough
ITEM #6273
Application of Charles Veatch ',Ssociates for a C@@.nr7r! of Zoninj from ResidLnce
Diplex District 2 ("-D 2) tO Linited C07,.@, rcial-6-i,'-@r @t -3 @C- 3) on certain
property located I'lorth of S@.ore r)r@lve at tli@@ inter,,ection %-iith Surry Poad and
Dupo,,it Circle, i-unning a distanc2 of @,@,1.71 fcp-t along thL, Iv!est sid,, of riir)ont
Circle, running a distance of 327.67 .Pet alonq tlio @lorth side of Surr, ..Oad and
rutning a distance of 1-@-f).57 fect alcng t@,e East sldp of T?,oanoke 'hylnue and
rd
-running a dis-Lance of --'03.51 feet along the South side of Je@fer,lon Bouleva
Said parcel is Pnc,@ as Lots I t!irouql 14, Sloc@, "5, Scction B, Plat of OCLan
Park and contains 1.907 acres. (Ocean Park irea). BAYSIDE BOROUGH.
Planning CorTni'ssion Recornendation:
A wtion by" the Planning Conflission vias passed-for denial of this r@uest as there
Is adequate undeveloced cor,-,ercial Droner-L.v in the area ard this request v,,ould be
an intrusion into a Prodoninantly single fariily area. Furthcr, thcr-- is inadequate
aCCCSS to Stiore Drive as-a cL)F,.7Lrcial use.
On motion by Councilman Holland, seconded by Councilman Rhodes,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Doilald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and Floyd E. Watetfield, Jr.
City Council approved the withdrawal of the above application of
Charles Veatch Associates for a Clianoe of Zoning from Residence
Duplex District 2 (R-D 2) to Limited-COMIT-lercial District 3 (C-L 3)
on certain property located Nortli of Sliore Drive at the inter-
sectioii with Stirry Road and Dupont Circle, running a distance of
241.71 feet along tlie Wost side Of I)ul)orit Circle, running a
distance of 327.67 feet along tlie North side of Surry Road and
runniiig a distance of 150.S7 feet along tlie East side of Roanoke
Aveiiuc aiid runniiig a distaiicc of 308.51 feet along the South side
of Jeffersoii Boulov@ird. S@iid parcel is knoivn as lots I through
14, Block 25, Section B, I)Iat of occ,,ili P,rk and contains 1.907
acres. (Ocean llirk Area). Bayside Borough.
ITEM #6274
Application of D. L. Garcii for a Chinr7e of 7oninri from P,*P-sidence Sub(irban
District 3 (P-S 3) to !IultiDle Fam-IT-@t,,-Es-l(!( ric-e--@i-strict (P-@1) and a L!se Perriit
to construct 220 anartment Linits on certain r)r6r)erty locatecr on the tl s@t si(ie of
Itaygood P@oad be(linninq at a ooint 200 feet more' or less tlorth of @,e@-ito,,.in Road,
and runnino a distance of 40@ feet along the Eastern prodcrty line of i,thich 50
feet is the !-!est side of Hayqood Poad, runnina a distance of 985 feet more or less
along the t!orthern cro,)erty line, runninq a distance of 505 feet more or less
along.the !-Iestern r)rooerty line and running a distance of 1022 feet more or less
along thc Southern orooerty line. Said oarcel is irreqular in shade and contai-ns
8.14 acres. (,Aragona Village Area). BAYSIDF BOROUGH.
Planning Cormission Recommendation:
ias oassed for don4al of this request as the
A rnotion by the Planning Comniission %
p@opos'ed use is in conflict 1-iith the Ba,/side Develo@ment Plan which reflects a
lot-i density residential us@ (I to 6 d,,.ielling units oer acre). The existing land
use in the area is oredoniinantly single family.
COUNCILMAN CALLIS RETURNED TO COUNCIL CHAMBERS
r K:;7." , -@, @, . .. I .,, .: ..z -- , i'@ @ @'. .@ '@ .;@ I ,.-@ -., , - .1 " ,@, 1- , I . ! : -. , -. - -; - - .. :.. -, ',- . @, -,@ ;. ,:I......
M-r. Joe Lyles, Attorney, appeared on behalf of the applicant
requesting deferral or withdrawal of the application.
Mr. Alonzo Adams appeared requesting denial of the above
.application.
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council denied the above application of D. L. Garcia for
a Charge of ZoninR from Residence Suburban District 3 (R-S 3)
to Multiple Family Residence District (R-M) and a Use Permit
to construct 220 apartment units on certain property locate
on the West side of Haygood Road begiiining at a point 220 feet
niore or less North of Newtown Road, and running a distance of
405 feet along the Eastern property line of which 50 feet is
the West side of Haygood Road, running a distan-e of 985 feet
more or less along the Northern property line, running a
distance of-505 feet more or less along the Western property
line and running a distance of 1022 feet more or less along
the Southern property line. Said parcel is irregular in shape
and cont"ains 8.14 acies. (Aragona Vill.age Area). Bayside
Borough. The application was denied as the proposed use is
in conflict with the Bayside Developn,,ent Plan which reflects
a low density residential use (1 to 6 dwelling units per acre).
The existing land use in the area is predominantely single
family.
ITEM #6275
On motion by Councilman Ferrell, seconded by Councilman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland,'D. Murray
Malbon, J. Curtis Payne, and Donald Hi Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Ordinance to repeal Sections
23-35 and 25~56 of the Code of the City of Virginia Beach relating
-to publication, production, sale and possession of obscene items:
· -:~.~-;*.~......:.-~--,~..~e.,.~ AkI..ORD!NANCE TO. REPEAL SECTIONS
'' 23-35 AND 23~36'0F ~HE CODE '0~'
THE CITY OF VIRGINIA 'BEACH RE-
LATING TO PUBLICATION, PRODUCTION,
SALE AND POSSESSION OF OBSCENE
ITEMS
BE IT ORDAINED BY THE COUNCIL' OF THE CITY OF VI_RGINIA BEACH,
VIRGINIA:
That Sections 23-35 and 23-36 of the Code of the City of Virginia
Beach are hereby repealed.
An emergency exists and this ordinance shall be effective from
date of adoption..
Adopted by the Council
27th daY of August
of the City of Virginia Beach on the
, 1973.
ITEM #6276
On motion by Councilman Gardner, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Ordinance to prohibit
publication, production, sale, possession, etc , of obscene
items: '
Requested by Councilman Charles Gardner
AN ORDINANCE TO PROHIBIT PUBLICATIONI
PRODUCTION, SALE, POSSESSION, ETC.$
OF OBSCENE ITEMS
BE IT ORDAINED BY THE COITNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
action 1. Obscene Defined
The word "obscene," where it appears in this article, shall mean that
which the average person, applying contemporary community standards in the
.."City of @Virgiria@ Beach i Virginia-4: would-find itak-en a@s a-whole,@@appeals to
the prurient interest, that is, a shameful or morbid interest, in sex,
and which portrays, represents, depicts or describes, in a patently
offensive way (a) ultimate sexual acts, normal or perverted, actual or
simulated, (b) masturbation, (c) excretory functions, or (d) lewd exhibition
of the genitals, and which, taken as a wilole, lacks.serious literary,
artistic, political, or scientific value.
Section 2. Production, publication, sale, possession, etc., of obscene
items.
Every person who knowingly:
(1) Prepares any obscene item for the purposes of sale or distri-
bution; or
(2) Prints, copies, manufactures, produces, or reproduces any obscene
item for purposes of sale or distribution; or
(3) Publishes, sells, rents, lends, transports in intraci ty commerce,
or distributes or exhibits any obscene item, or offers to do any of these
things; or
(4) Has in his possession with intent to sell, rent, lend, transport,
or distribute any obscene item, shall be guilty of a misdemeanor. Possession
in public or in a public place of any obscene item as defined in this article
shall be deemed prima facie evidence of a violation of this section.
For the purposes of this section, "distribute" shall mean delivery in
person, by mail, messenger or by any other means by which obscene items as
defined in this article may pass from one person, firm or corporation to
another.
Section 3. Obscene items enumerated. Obscene items shall include:
(1) Any obscene book; or
(2) Any obscene leaflet, pamphlet, magazine, booklet, picture,
.ainting, or draiiing, pliotograph, film, negative, slide, motion picture; or
(3) Any obscene fi-ure, object, article, instrumcnt, novelty, device,
or recordin- or transcription used or intended to be used in disseminating
0
any obscene song, ballad, words, or sounds.
Section 4. Obscene exhibitions and performances. Every person who
knowingly:
(1) Produces, promotes, prepares, presents, manages, directs, carries
on or participates in, any obscene exhibition or performance, includin@ the
-ormance of any obsce6e motion picture, play, drama, show,
exhibition or per.L
entertainment, exposition, tableau or scene; or
(2) @qns, leases or manages any theater, -arden, buildin-, structure,
room or place and leases, lets, lends or permits such theater, garden,
buildin-, structure, room or place to be used for the purpose of presenting
@ 0
such obscene exhibition or performance, shall be guilty of a misdemeanor.
Section,5T., -Obscene exhibitions and performnces. Every person who
knowin-.1y:
Produ rep -carrLes@.
-on or pariicfpates in, any o@stene e,@hibitiohs ot p6rformandes, itcludina.
-,..the exliibition-or performance of any oDscene motion picture, play, dr;;Tnq,
show, entertainment, exposition, tableau or scene; provided, that no
employee of any person or le-al entity operating a theater, garden, building,
structure, room or place i..Thich represents such obscene exhi'Dition or per-
formance shall be subject to prosecution under this section if the employee
is not the manager of the theater or an officer of such entity, and has
no financial interest in such theater other than receivin@ salary and iqages;
or
(2) Ot,7ns, leases or manages any theater, garden, building, structure,
room or place and leases, lets, lends or permits such theater, garden,
buildin@, structure, room or place to be used for the purpose of presentin-.
such obscene exhibition or performance or who fails to post prominently
therein the name and address of a person resident in the locality who is
the manager of such theater, -arden, building, structure, room or place
shall be guilty of a misdemeanor.
Section 6. Advertisin@.. etc., obscene items, exhibitions, or performances.
Every person who knowingly prepares, prints, publishes, or circulates,
or causes to 'De prepared, @rinted, published or circulated, any notice or
advertisement of any obscene item or of any obscene performance or exhibition,
stating or indicatin.@ where such obscene it@-m, exhi'Dition, or performance
may be purchased, obtained, seen or heard, shall be guilty of a misdemeanor.
Section 7. Placards, posters, bills, etc.
Every pers.on wilo knowingly exposes, places, displays, posts-up,
exhibits, paints, prints, or marks, or causes to be exposed, placed, dis-
played, posted, exhibited, painted, printed or marked, in or on any buildin@,.
structure, billboard, wall or fence or on any street, or in or upon any
public place,-any placard, poster, banner, bill, iqriting, or picture which
is obscene or which advertises or promotes any obscene item or any obscene
exhibition or performance, or who knol4in-ly permits the same to be dis-
played on property belon@in@ to or controlled by him, shall be guilty of
a misdomeanor.
Section 8. Coercing acceptance of obscene article or publication.
No pqrson, firm, association or corporation shall, as a condition to
any sale, allocation, consi-nmcnt or delivery for resale of any paper,
magazine, book, periodical or publication require that the purchaser or
consi,nee receive for resale any other article, boot,, or other publica--ion
which is obscene; nor shall any person, firm, association or corporation
deny or tlireaten to deny any franchise or impose or threaten to impose
any penalty, financial or otherwise, Dy reason of the failure or refusal
of any person to accept such articles, bool@s; or publications, or by reason
of the return thereof. A violation of this section shall be a misdemeanor.
Section 9. Employing or permittin@ minor to assist in offense.
Every person who intentionally, in any manner, hires, employs, uses
or permits any minor under the age of e,ichteen years to do or assist in
doing any act or thin- constituting an offense under tliis ordinance shall
be guilty of a misdemeanor.
Section 10. Photographs, slides and motion pictures. Every person who
knowin-ly:
(1) Photo,raphs himself or any other person, for purposes of preparing
an obscene film, photo@raph, ne,ative, slide or motion picture for purposes
of sale 6r cormaercial distribution; or
,,,(2). Models, poses. acts. or otherwise assists in the preparation of
sc @,hoto.'@ra,ph, 'nep@ti@e, slide- or mot o @' 'pici6r@ fo ur
ii6 f ilifi, i n r,p poses
ot sale or commercial distribbtion, shall 'De guilty of a misdemeanor.
Section 11. Exceptions to adplication of ordinance. Nothing contained
I
in this orditiance shall be construed to apply to:
(1) The purchase, distribution, exhibition, or loan of any book,
mag@zine, or other printed o.- manuscript material by any library, school,
or institution of higher learning, supported by public appropriation;
(2) The purchase, distribution, exhibition, or loan of any work of
art by any museum of fi@ arts, school, or institution of higher learning,
supported by public appropriation; 1
(3) The exhibition or performance of any play, drama, tableau, or
motion picture by any theater, museum of fine arts, school or institution
of higher learning, supported by public appropriation.
Section 12. Proceeding against book alleged to be obscene.
.(l) Whenever he has reasonable cause to beiieve that any person is
eng@ged in the sale or commercial distribution of any obscene book, any
citizen or city attorney in which the sale or commercial distribution of
such book occurs may institute a proceedin- in any court of record in
said city for-adjudication of the obscenity of the book pursuant to
18.1-236.3, Code of Virginia, as amended.
Section i3. --The provisions of the preceding section shall apply mutati8
"Mutandis in the case of motioll picture film.
An emergency exists and this ordinance shall be effective from date
of adoption.
Adopted by the Council of the City of Virginia Beach, Vir@inia on the
27th day of August 1973.
For similar state law see SSSS18.1-227 through 18.1-236.4
ITEM #6277
On motion by Councilman Gardner, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromuell, Jr., Vice @layor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Ordinance prohibiting
@ales and loans to juveniles of any picture, photograph, drawing,
sculpture, motion picture films or similar visual representation
of image or any book, pamphlet, magazine, printed matter or sound
recording which depicts nudity, sexual conduct or sadomasochistic
abuse or detailed verbal descriptions or narrative accounts of
sexual excitement, sexual, conduct or sadomasochistic abuse:
7
7--
If
Requested by Councilm@iii Charles Gardlier
AN ORDINAN@-E PROHIBITI@C SALES ANI) LOANS TO JUVENILES
OF ANY PICTURE@ PHOTOG,'tAPH,DFAWING, SCULPTURE, MOTION
PICTURE FILMS OR SIMI@R VISUAL REPRESENTATION OR IMAGE
OR ANY BOOK, PAMPHLET, @IAGAZINE, PRINTED @IATTER OR SOUND
RECORDING WHICH DEPICTS NUDITY, SEXUAL CONDUCT OR SADO-
MASOCHISTIC ABUSE OR DETAILED VERBAL DESCRIPTIONS OR
NARRATIVE ACCOUNTS OF SEXUAL EXCITEMENT, SEXUAL CONDUCT
OR SADOMASOCHISTIC 'ABUSE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. Definitions.
(1) "Juvenile" means any person less than eight.een years of a
(2) "Nudity" means a state of.undress so as to expose the human male
or female genitals, pubic area or buttocks with less than a full opaque
covering, or the showing of the female breast with less than a fully
opaque covering of any portion thereof below the top of the nipple; or
the depiction of covered or uncovered male genitals in a discernibly
turgid state.
(3) "Sexual conduct" means acts of masturbation, homosexuality,
sexual intercourse, or physical contact with a personis clothed or un-
clothed genitals, pubic area, buttocks ar, if such be female, breast.
(4) "Sexual excitement" means the condition of human male or
female genitals when in a state of sekual stimulation or arousal.
(5)- "Sadomasochistic abuse" means flagellation or torture by or
upon a person clad in undergarments, a mask or bizarre costume, or the
condit ion of being fettered, bound or otherwise physically restrained
on the part of one so clothed.
(6) "Harmful to juveniles" means that quality of any description
or representation, in whatever form, of nudity, sexual conduct, sexual
excitement, or sadomasochistic abuse, when it (a) predominantly appeals
to the prurient, shameful or morbid interest, (b) is patently offensive
to prevailing standards in the adult community in the City of Virginia
B6ach, Virginia, as a whole with respect to what is suitable material
for juveniles, and (c) lacks serious literary, artistic, political, or
scientific value for juvenile8.
(7) "Knowingly" means having gene.ral knowledge of, or reason to
know, or a belief or ground for belief which warrants further inspection
or inquiry of both (a) the character and content of any material des-
cribed herein which is reasonably susceptible of examination by the
defendant, and (b) the age of the juvenile, provided however, that an
honest mistake shall constitute an excuse from liability hereunder-if
the defendant made a reasonable bona fide attempt to ascertain the true
age-of such juvenile.
Section 2. Unlawful acts.
(a) It shall be unlawful for any person knowingly @o sell or loan
to a juvenile:
(1) Any picture, photograph, drawing, sculpture, motion
picture fi-Im, or similar visual representation or image of a person or
portion of the human body which depicts nudity, sexual conduct or sado-
masochistic abuse and which is harmful to juveniles, or
(2) Any book, pamphlet, magazine, printed matter however repro-
duced, or sound recording which contains aiiy matter enumerated in para-
graph (1) of this subsection, or explicit and detailed verbal descr-;-ption,
or narrative accounts of sexual excitemerit, sexual conduct or sadomaso-
chis tic abuse and which, taken as a whole, is harmful to juveniles.
(b) It shall be unlawful for any person knowingly to sell to a
juveni@e-.an admissibn ticket or pass, or knowingly to admit a juvenile
to premises whereon there is exhibited a motion picture, show or other
presentation which, in whole or in part, depicts nudity, sexual conduct
or sadomasochistic abuse and which is harmful to juveniles or to exhibit
any such motion picture at any such premises which are not designed to
prevent viewing from any public way of such motion picture by juveniles
not admitted to such premises.
(c) It shall be unlawful for any juvenile falsely to represent to
any person mentioned in subsection (A) or subsection (b) hereof, or to
-2-
his agent, that such juvenile is eighteen years of age or older with the
intent to procure such juvenile's admission to any motion picture, show
or other presentation, as set forth in subsection (c).
(d) Violation of any provision hereof shall constitute a misdemeanoi
An emergency exists and this ordinance shall be in effect from date
of adoption.
Adopted by the Council of the City of Virginia Beach on the 27th day of
August 1973.
For similar state law see 18.1-236.6 through 18.1-236.7
-3-
ITEM #6278
On motion by Councilinan Gardner, seconde.d by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Bauri, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Ordinance prohibiting
exhibitions, exposures and displays to juveniles of any picture
photograph, draiving, sculpture, motion picture film or similar
visual representation or image or any book, pamphlet, magazine,
printed matter or sound recording tvhich depicts nudity, sexual
conduct or sadomasochistic abuse or detailed verbal descriptions
sadomasochistic abuse:
r
Requested by Councilman Charles Gardner
AN ORDINANCE PROHIBITING EXHIBiTI6NS) EXPOSURES AND
DISPLAYS TO JUVENILES OF ANY PICTURE, PHOTOGRAPH,
DRAWING, SCULPTURE, MOTION PICTURE FILM OR SIMILAR
VISUAL REPRESENTATION OR IMAGE OR ANY BOOK, PAMPHLET,
MAGAZINE, PRINTED @LATTER OR SOUND RECORDING WHICH DE-
PICTS NUDITY, SEXUAL CONDUCT OR SADOMASOCHISTIC ABUSE
OR DETAILED VERBAL DESCRIPTIONS OR NARRATIVE ACCOUINTS
OF SEXUAL EXCITEMENT, SEXUAL CONDUCT OR SADOMASOCHISTIC
ABUSE
BE IT ORDAINED BY THE COUNCIL OF THE CIN OF VIRGINIA BEACH,
VIRGINIA:
(1) "Juvenile" means any person less than eighteen years of age.
(2) "Nudity" means a state of undress so as to expose the human
male or female genitals, pubic area or buttocks with less than a full
opaque covering, or the showing of the female breast with less than a
fully opaque covering of any portion thereof below the top of the nipple;
or the depiction of covered or untovered male genitals in a discernibly
turgid state.
(3) "Sexual conduct" means acts of masturbation, homosexuality,
sexual intercourse, or physical contact with a person's clothed or un-
clothed genitals, pubic area, bultocks or, if such be female, breast.
(4) "Sexual excitement" means the condition of human male or female
genitals wh6n in a state of sexual stimulation or arousal.
(5) "Sadomasochistic abuse" means flagellation or torture by or
upon a person clad in undergarmehts, a mask or bizarre costume, or the
condition of being fettered, bound or otherwise physically restrained
on tlie part Of one so clothed.
(6) "Harmful to juveniles" means that quality of any description
or representation, in whatever form, of nudity, sexual conduct, sexual
excitement, or sadomasochistic abuse, when it (a) predominantly appeals
to the prurient, shameful or morbid interest, (b) is patently offensive
to prevailing standards in the adult community in the City of Virginia
Beach, Virginia, as a whole with respect to what is suitable material
for juveniles, and (c) lacks serious literary, artistic, political, or
scientific value for juveniles.
(7) "Knowingly" means having general knowledge of, or reason to
know, or a belief or ground 4-'or belief which warrants further inspection
or inquiry of both (a) the character and conten@ of any material des-
cribed herein which is reasonab@Ly susceptible to examination by the
defendant, and (b) the age of the juvenile, provided however, that an
honest mistake shall constitute an excuse from liability hereunder if
the defendant made a reasonable bona fide attenipt to ascertain the true
age of,such juvenile.
section It shall be unlawful for-any person to exhibit, expose or
display in public at news stands or any other business or connercial
@stablishment frequented by juveniles or where juveniles are or may be
invited as part of the general public:
(1) Any,picture, photograph, drawing, sculpture, motion picture
film.cr similar visual representation or image of a person or portion
of the human body which depicts nudity, sexual conduct or sadomasochistic
abuse and which is harmful to juveniles, or
(2) Any book, pamphlet, magazine, printed matter however reproduced,
or sound recording which contains any matter enumerated in paragraph (1)
of this subsection, or explicit and detailed verbal descriptions or
narrative accounts of sexual excitement, sexual conduct or sadomasochistic
abuse and w-hich, taken as a whole, is harmful to juveniles.
Thip ordinance shall be effective 30 days from the date of adoption.
Adopted by the Council of the City of Virginia Beach on the 27th
day Of August 1973.
-2-
ITE@\1 #62/-9
At@plicati(,,n of C@.metar,y Consu'ltants, Inc., for aCfiFnog of Zonin(i @c.,;i
Residence Suburb,,n Dist@,ic" 4 (P,-.S 'a) to Li@-iited iiistrict I(C-L 1)
on certain pror)ei,ty loci,,ted oii thL @lorth sicle of Ilitchduck, Road across f rol
Kellam Road and beqinnina at a Doint 942.50 @eet I-!est of Aracona Boulevard,
runninq a distance of 5RO'.98 feet alotig tho "orth side of t,liichdlick Road,
running a distance of 396.47 fec-t alcng the @-!est'2rn prooerty line and running
a distance of 320.51 l@cet alon,q ttie ;Iorthcrn oroperty line pnd running a dis-
tance'of 676.99 feet alonq the Eastern Dror,)2rtv line.- Said parcel contains
@le -Ara7gona Village Areas). BAYSIDE BOPOURH.
3.71 acres. (Roseviood .. rrorial Park
Planning Commission Recommendation:
A mot-ion by tlie Plann4nq Cornission k-ias p@ssed for denial of this request as it
is the determination of tlie Con7inission that the commercial zoning line which is
presently delineated as Witchduck Road shall be maintained.
The following appeared on behalf of the application:
@i,. Charles C. Kirkpatrick - presented petitions
Mr. James P. McGeein
Mr.,,klan S. rman' Attorney, appeared in oppos-'tion t-o the above
1
application. Mr. @irman was represehting Mr. Levin, a property
owner. I
Mr. Gordon Ware also appeared in opposition to the application.
On motion by Councilman Holland, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Cemetary Consultants,
Incorporated, for a ChanRe of ZonirR from Residence Suburban
District 4 (R-S 4) to Li@ited Cominercial District 1 (C-L 1) on
certain property located on the North side of Witchduck Road
across from Kellam Road and beginning at a point 9,42.SO feet West
of Aragona Boulevard, running a distance of 588.98 feet along the
North side of Witchduck Road, running a distance of 396.47 feet
along the Western property line and running a distance of 320.51
feet.alo.nZ @he Northern property line and running a distance of
67'0.99 @e"et along the Eastern property line. Said parcel contains
3.71 acres. (Rosemont Memorial Park-Aragona Village Areas).
Bayside Borough. Approval is subject to the following stipulations:
1. S-tandard site plan requ4lrements to include curb, gutter
sidewalks, pavement widening and storm drains as required
along Witchduck Road. (Engineering)
2. A dedication of right of way 4S feet from the centerline
of the existing 55 foot right of way along the 588.98
foot more or less frontage an lvitchduck Road (a 30-foot
dedication). (Real Estate)
3. City water and sewer. (He alth)
4. The property, for the new Comprehensive Zoning Plan, be
placed in the Office District.
S. A letter from the Board of Directors of the owners of
the land, in wliicli tlie use of tlie land is restricted
to certain 1)urpose, is to ))(I redrawn with the wording
to iiiclude licirs, seccessors aiid assigns of the Directors,
and is to be includcd as part of tlicso Nlinutes as a
coiidition for aj)proval of tlic iliplication for a cliange
of zoniilg.