Ordinance No. 95-77-17 v 4001. ORDINANCE # 95-77-17
AN ORDINANCE ADDING TO CHAPTER 14+, OF
THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC
BEACH, FLORIbA, PROHIBITING THE SALE, DISTRIBUTION,
EXHIBITION, OR ADVERTISING FOR DISTRIBUTION OF
OBSCENE MATTER AND PENALTIES THEREFOR
BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AS FOLLOWS:
Section 1: It shall be unlawful for any person who knowingly: sends
or causes to be sent, or brings or causes to be brought, into this munici-
pality for sale or distribution, or in this municipality prepares, publishes,
prints, exhibits, distributes, or offers to distribute, or has in his
possession with intent to distribute or to exhibit or offer to distribute,
or advertises for exhibition, or displays any obscene matter.
Section 2: For purposes of this ordinance the following definitions
shall apply:
a. "Obscene" means that to the average person, applying contemporary
standards, the predominant appeal of the matter, taken as a whole, is to
prurient interest, i.e., a shameful or morbid interest in nudity, sex, or
excretion, which goes substantially beyond customary limits of candor in
description or representation of such matters, including but not being limited
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to patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated or patently offensive representations
or descriptions of masturbation, excretory functions and lewd exhibition of
the genitals.
b. "Matter" means any book, magazine, newspaper or other printed or
written material or any picture, drawing, photograph, motion picture, or other
pictorial representation or any statue or other figure, or any recording, trans-
cription or mechanical, chemical, or electrical reproduction or any other
articles, equipment, machines or materials, or physical exhibition performed by
individuals.
c. "Person" means any individual, partnership, firm, association,
corporation or other legal entity.
d. "Distribute" means to transfer possession of, whether with or without
consideration.
e. "Knowingly" means being aware of the character of the matter or live
conduct.
Section 3: Penalty Clause - As provided under Section 1-6 General
Penalties of the Code of the City of Atlantic Beach.
WHEREAS, there is an ever increasing concern by the citizenry of this
*ir community with the quality of life to be enjoyed by its residents and particu-
larly the young persons to whom obscene materials are becoming increasingly
available, and
WHEREAS, there is a desire by the citizenry of this community to
maintain a healthy and continuing safe environment for its residents, and
WHEREAS, it is the feeling of the citizenry of this community that
the ever increasing availability of so-called "adult" literature and
entertainment has a detrimental effect on those qualities desired,
THEREFORE, BE IT RESOLVED that violation of the foregoing Ordinance
goes substantially beyond the customary limits of candor and is patently
offensive to the Community of Atlantic Beach, Florida.
Section 4: This Ordinance shall become effective immediately upon
its passage on final reading.
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Passed by the City Commission on first reading on June 27, 1977
Passed by the City Commission on second reading on July 11, 1977.
Passed by the City Commission on third and final reading on July 25, 1977 .
r
ATTEST:
(SEAL)
Adelaide R. Tucker
City Clerk