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4118
COUNTY LOCAL LAWS
(E) "KNOWINGLY" MEANS HAVING KNOWLEDGE OF
THE CHARACTER AND CONTENT OF THE SUBJECT MATTER.
(3) EXEMPTIONS:
THE PROHIBITIONS AND PENALTIES IMPOSED IN THIS
SUBTITLE SHALL NOT EXTEND TO PERSONS HAVING BONA FIDE
SCIENTIFIC, EDUCATIONAL, GOVERNMENTAL. OR OTHER SIMILAR
JUSTIFICATION FOR POSSESSING SUCH MATTER, TO
DISTRIBUTIONS THEREOF PURSUANT TO SUCH JUSTIFICATION, OR
TO MOTION PICTURES APPROVED BY THE MARYLAND STATE BOARD
OF CENSORS.
(4) (A) ANY PERSON VIOLATING ANY PROVISION OF
THIS SUBTITLE, SHALL BE GUILTY OF A MISDEMEANOR, AND UPON
CONVICTION, SHALL BE FINED NOT MORE THAN ONE THOUSAND
DOLLARS ($1,000.00), OR IMPRISONMENT FOR NOT MORE THAN
SIX (6) MONTHS, OR BOTH FINED AND IMPRISONED.
(B) EACH DAY OF EACH SUCH VIOLATION SHALL
CONSTITUTE A SEPARATE OFFENSE.
(C) THE PROVISIONS OF THIS SECTION SHALL NOT
IN ANY WAY PRECLUDE THE COUNTY FROM ENFORCING THIS
SUBTITLE BY ANY AND ALL OTHER LEGAL MEANS, IN LAW OR IN
EQUITY.
(5) UPON THE CONCLUSION OF ANY LEGAL PROCEEDINGS
PURSUANT TO THIS SECTION, ANY EVIDENCE DETERMINED TO BE
OBSCENE MATERIAL SHALL BE DESTROYED.
SECTION 2. AND BE IT FURTHER ENACTED, That if any
provision of this ordinance or the application thereof to
any person or circumstance is held invalid for any
reason, such invalidity shall not affect the other
provisions or any other application of this ordinance
which can be given effect without the invalid provisions
or application, and to this end, all the provisions of
this ordinance are hereby declared to be severable.
SECTION 2A. AND BE IT FURTHER ENACTED, That upon
the effective date of any statute which may become
effective throughout the entire State of Maryland dealing
with obscene matter or material, all parts__of this
section which may be inconsistent with said statute shall
immediately stand repealed with no further action
required by the County Council to the extent of any such
inconsistency.
SECTION 3. AND BE IT FURTHER ENACTED, That this
ordinance shall take effect forty—five(45) days from the
date it becomes law.
AMENDMENTS adopted September 4, 1973.
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