Ordinance No. 95-68-11 v ORDINANCE NO. 95-68-11
AN ORDINANCE PROVIDING THAT IT IS UNLAWFUL TO KNOWINGLY
EXHIBIT TO A CHILD OR TO SELL TO A CHILD AN ADMISSION
TICKET TO OR PASS TO OR ADMIT A CHILD TO, OR FOR A CHILD
TO VIEW A MOTION PICTURE, SHOW, OR OTHER PRESENTATION, OR
TO SELL OR LOAN TO A CHILD FOR MONETARY CONSIDERATION, OR
FOR A CHILD TO PURCHASE OR POSSESS, ANY PICTURE, PHOTOGRAPH,
DRAWING, SCULPTURE, BOOK, PAMPHLET, MAGAZINE, PRINTED MATTER,
OR SOUND RECORDING WHICH IN WHOLE OR IN PART DEPICTS NUDITY,
SEXUAL CONDUCT OR SADO-MASOCHISTIC ABUSE AND WHICH, TAKEN
AS A WHOLE IS PATENTLY OFFENSIVE BECAUSE IT AFFRONTS PRE-
VAILING STANDARDS IN THE ADULT COMMUNITY AS A WHOLE AS TO
WHAT IS SUITABLE MATERIAL FOR CHILDREN, AND PROVIDING A
PENALTY FOR THE VIOLATION HEREOF.
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Definitions, As used in this Ordinance:
(a) "Child", as defined in Chapter 39, Florida Statutes, 1965.
(b) "Nudity" means the showing of a human male or female
genitals, public 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 male genitals in a discernibly
011 turgid state.
(c) "Sexual Conduct" means acts of masturbation, homosexuality,
sexual intercourse, or physical contact with a person' s clothed
or unclothed genitals, public area, buttocks, or, if such person
be female, breast.
(d) "Sexual excitement" means the condition of human male or
female genitals when in a state of sexual stimulation or arousal.
(e) "Sado-masochistic abuse" means flagellation or tortue by
or upon a person clad in undergarments, a mask or bizarre constume
or the condition of being fettered, bound or otherwise physically
restrained on the part of the one so clothed.
(f) "Harmful to children" means that quality of any description
or representation, in whatever form of nudity, sexual conduct,
sexual excitement or sado-masochistic abuse, when it:
1. Predominantly appeals to the prurient, shameful or morbid
interest of children, and
2 . Is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable
material for children, and
lab 3. Is utterly without redeeming social importance for children.
(g) "Knowingly" means having general knowledge of, or reason
to know, or a belief or ground for belief, which warrants further
inspection or inquiry of both:
ORDINANCE NO. 95-68-i1 Page #2
1. The character and content of any materials described herein
which is reasonably susceptible of examination by the
defendant, and
2. The age of the child provided, however, that an honest
mistake shall constitute an excuse from liability here-
under, if the defendant made a reasonable bona fide
attempt to ascertain the true age of such child.
SECTION 2 . It shall be unlawful for any person knowingly to
permit, give, or sell or loan for monetary consideration for a
child:
(a) Any picture, photograph, drawing, sculpture, motion pic-
ture film, 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 children, or
(b) Any book, pamphlet, magazine, printed matter, however
reproduced, or sound recording which contains any matter enumerated
in. paragraph (a) section two hereof, or explicit and detailed verbal
descriptions or narrative accounts of sexual excitement, sexual
conduct or sado-masochistic abuse and which, taken as a whole, is
harmful to children.
SECTION 3 . It shall be unlawful for any person knowingly to
Ito exhibit for a child, or knowingly to admit a child to premises where-
on there is exhibited a motion picture, show or other presentation
which, in whole or in part, depicts nudity, sexual conduct or sado-
masochistic abuse and which is harmful to children.
SECTION 4. A child or children is to be considered a delin-
quent child or delinquent children, as defined in Chapter 39,
Florida Statutes, 1965, who purchases, possesses, or views any
picture, photograph, drawing, sculpture, motion picture film or
similar visual representation, motion picture, show or other
presentation, or any book, pamphlet, magazine, printed matter,
however reproduced, or sound recording, as defined in Section 2
(a) or 2 (b) or Section 3 of this Ordinance. Any child or children
in violation hereof shall be referred to the Juvenile Court Authori-
tives of Duval County, Florida.
SECTION 5. Should any section, subsection, sentence, provision,
clause or phrase of this Ordinance be held to be invalid for any
reason, such holding shall not render invalid any other section,
subsection, sentence, provision, clause or phrase of this Ordinance,
and the same are deemed severable for this purpose.
SECTION 6. Any person, firm or corporation or agent of employee
thereof who shall violate any provision of this Ordinance, or fail
to comply therewith, shall be punished upon conviction thereof, by
4111( a fine not exceeding $500.00 or by imprisonment not exceeding 90
days, or both such fine and imprisonment, in the discretion of the
Municipal Court.
ORDINANCE NO. 95-68-11 Page #3
eft
SECTION 7. This Ordinance shall take effect immediately ,
upon its passage.
Passed by the City Commission on first reading on the 10th day
of June, 1968.
Passed by the City Commission on second and final reading on the
24th day of June, 1968.
Attest:
aCke--QC S
Adele S . Grage
City Clerk
(SEAL)
Our
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