Issue Paper

Presenter/Submitted By: Ryan Carter, City Attorney

Subject: Meeting Date:

06/18/2019
Approval of Resolution Reaffirming, Strengthening
and Promoting a Child-Appropriate Standard Fiscal Impact:
In Riverton City.
N/A
Funding Source:

N/A
Background:

In the City Council meeting of June 4, 2019, the City Council received a presentation
from Miss Riverton Royalty who brought up the fact that the Sandy City Council had
recently adopted a resolution supporting a child-appropriate standard within Sandy City.
The Council informally requested that staff present it with a similar resolution. The
enclosed Resolution would express the City’s support of a child-appropriate standard
in Riverton City.

Recommendation:

Staff recommends the Council consider adopting Resolution No. 19-35 - Reaffirming,
Strengthening and Promoting a Child-Appropriate Standard In Riverton City.

Recommended Motion:

“I move the Riverton City Council adopt Resolution No. 19-35 - Reaffirming,
Strengthening and Promoting a Child-Appropriate Standard In Riverton City.”
 RIVERTON, UTAH
RESOLUTION NO. 19-35

A RESOLUTION OF THE RIVERTON CITY COUNCIL REAFFIRMING,

STRENGTHENING AND PROMOTING A CHILD-APPROPRIATE STANDARD
IN RIVERTON CITY

WHEREAS, Section 76-10-1201(5)(a) of the Utah State Code defines "harmful to

minors" as, "that quality of any description or representation, in whatsoever form, of nudity,
sexual conduct, sexual excitement, or sadomasochistic abuse when it:
i. taken as a whole, appeals to the prurient interest in sex of minors;
ii. is patently offensive to prevailing standards in the adult community as a whole
with respect to what is suitable material for minors; and
iii. taken as a whole, does not have serious value for minors,"; and

WHEREAS, Section 76-10-1201(7) of the Utah State Code defines "material" as,
"anything printed or written or any picture, drawing, photograph, motion picture, or pictorial
representation, or any statue or other figure, or any recording or transcription, or any
mechanical, chemical, or electrical reproduction, or anything which is or may be used as a
means of communication..."; and

WHEREAS, Section 76-10-1201(8) of the Utah State Code defines "minor" as, "any
person less than 18 years of age"; and

WHEREAS, Section 76-10-1201(10) of the Utah State Code defines, "Nudity" as:
a) "the showing of the human male or female genitals, pubic area, or buttocks, with
less than an opaque covering;
b) the showing of a female breast with less than an opaque covering, or any portion
of the female breast below the top of the areola; or
c) the depiction of covered male genitals in a discernibly turgid state,"; and

WHEREAS, Section 76-10-1201(14) of the Utah State Code defines "Sexual conduct"
as, "acts of masturbation, sexual intercourse, or any touching of a person's clothed or unclothed
genitals, pubic area, buttocks, or, if the person is a female, breast, whether alone or between
members of the same or opposite sex or between humans and animals in an act of apparent or
actual sexual stimulation or gratification,"; and

WHEREAS, Section 76-10-1201(10)of the Utah State Code defines, "Sexual

excitement" as, a condition of human male or female genitals when in a state of sexual
stimulation or arousal, or the sensual experiences of humans engaging in or witnessing sexual
conduct or nudity,"; and

WHEREAS, Some members of the public have opined that magazine publications
commonly available at local checkout counters and book stores contain both written descriptions
and visual depictions of nudity, sexual conduct, and sexual excitement which constitutes material
harmful to minors as defined by Utah State Code; and
 WHEREAS, Children in their formative years are not yet emotionally or mentally
prepared to make sound judgements regarding sexually explicit material, and such material is
harmful to their natural development; and

WHEREAS, Under Section 76-10-1210 of the Utah State Code, political subdivisions of
the State of Utah including Riverton City are specifically given the right to regulate materials
harmful to minors, "without limitation" by ordinances relating to:
i. zoning;
ii. licensing;
iii. public nuisances;
iv. a specific type of business such as adult bookstores or drive-in movies; or
v. use of blinder racks, and

WHEREAS, The City Council recognizes that abatement of material harmful to children
through the statutory tools granted in Section 76-10-1210, namely ordinances pertaining to
public nuisances, or ordinances compelling the use of blinder racks, are unreasonably
impractical from an enforcement perspective, and more signify infringement of freedom of
speech granted under the First Amendment to the United States Constitution; and

WHEREAS, The Riverton City Council has may express its desire to protect children
and is concerned about the corrosion of childhood due to the proliferation of material placed in
public view that has a degrading effect on children; and

WHEREAS, the Riverton City Council believes that most Riverton City parents, indeed
most American parents, would agree that the content and placement of material should be
appropriate to the audience that will view it, and that materials appealing to the prurient interest
in sex of minors would be inappropriate for younger children.

THEREFORE, BE IT RESOLVED, by the governing body of Riverton City

1. That Riverton City promotes a community standard that reflects and encourages a
wholesome environment for children and families, and

2. Riverton City strongly encourages all businesses, schools, and public institutions
in the Riverton City area to adopt child-appropriate standards, and

3. Riverton City does not review or determine the content of written descriptions and
visual depictions included in magazines marketed at local checkout counters and
bookstores, nor does it evaluate the quality or social value of such publications, but
by issuing this Resolution, seeks to inform parents of the level of certain content that
they may deem inappropriate for viewing by their children, and

4. It is not Riverton City's purpose to prescribe socially appropriate values or to

suggest any evolution of the values held by Riverton City residents and parents, but
instead to reflect the current values of the majority of Riverton City residents and
 parents, so that they and their children may benefit from appropriate standards, and
feel informed, and

5. The Riverton City Council encourages the Utah State Legislature to evaluate Title 76
of the Utah Criminal Code, Chapter 10 (Offenses Against Public Health, Safety,
Welfare, and Morals), Part 12 (Pornographic and Harmful Materials and
Performances) with the goal of providing local governments practical tools to uphold
a community's child appropriate standards, and

6. Riverton City encourages all citizens to become aware of this standard and to
promote it for the good of the entire community, particularly for its future—our
children.

PASSED AND ADOPTED by the City Council of Riverton, Utah, and this 18th day of
June 2019 by the following vote:

YES NO
City Council Member Tish Buroker ____ ____
City Council Member Brent Johnson ____ ____
City Council Member Tawnee McCay ____ ____
City Council Member Sheldon Stewart ____ ____
City Council Member Tricia Tingey ____ ____

RIVERTON CITY

[SEAL]

____________________________________
ATTEST: Trent Staggs, Mayor

____________________________________
Virginia Loader, Recorder