Ordinance No. 95-86-28 v ORDINANCE NO. 95-86-28
AN ORDINANCE AMENDING THE ORDINANCE CODE OF
THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING
CHAPTER 13 TO ADD SECTIONS 13.6 AND 13.7, SAID
SECTION MAKING IT UNLAWFUL FOR THE DISTRIBUTION
AND SALE OF OBSCENE MATERIAL WITHIN THE MUNIC-
IPAL LIMITS OF THE CITY OF ATLANTIC BEACH, AND
NUDITY BY EITHER MALE OR FEMALE IN ANY MANNER
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF
ATLANTIC BEACH; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida:
Section 1. Chapter 13 of the Ordinance Code of the City of
Atlantic Beach, Florida is hereby amended to add sections 13-6 and 13-7
which said section shall read as follows:
CHAPTER 13
OFFENSES
Section 13-6. Obscene Matter Prohibited
(a) For purposes of this section and section 13-7, the
following definitions shall apply:
Distribute - The transfer of possession whether with or without
consideration
Knowingly - Awareness of the character of the matter or live
conduct
Matter - 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, transcription or mechanical, chemical or electrical
reproduction or any other articles, equipment, machines or materials or
physical exhibition performed by individuals, whether male or female.
Obscene - Means to the average person applying contemporary
standards, taken as a whole the predominant appeal of the matter is to
prurient interest, i.e. , a shameful or morbid interest in nudity, sex,
or excretion, which goes substantially beyond customary limits or candor
in description or representation of such matters, including but not
being limited 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 whether by male
or female.
Person - Any individual whether male or female, partnership, firm,
association, corporation or other legal entity
(b) It shall be unlawful for any person to knowingly send or
cause to be sent, or bring or cause to be brought, into this
municipality for sale or distribution any obscene matter.
(c) It shall be unlawful for any person to prepare, publish,
print, exhibit, distribute, or offer to distribute, or have in his
or her possession with intent to distribute, exhibit or offer to
distribute, advertise for exhibition, or display any obscene matter
within the City.
Section 13-7. Exposure of private parts in male or female
genitalia or female breasts in establishments serving alcoholic
beverages:
(a) It shall be unlawful for any person maintaining, owning, or
operating a commercial establishment located within the City of
Atlantic Beach, Florida, at which alcoholic beverages are offered
for sale for consumption on the premises:
(1) To suffer or permit any female person, while on the
premises of said commercial establishment, to expose to public
view the area of the human female breast at or below the
areola thereof.
(2) To suffer or permit any female person, while on the
premises of said commercial establishment, to employ any
device or covering which is intended to give the appearance of
or simulate such portions of the female breast as described in
subsection (a) (1) above.
(3) To suffer or permit any person, male or female, while on
the premises of said commercial establishment to expose to
public view his or her genitals, pubic area, buttocks, anus or
anal cleft or cleavage.
(b) It shall be unlawful for any female person, while on the
premises of a commercial establishment located within the City of
Atlantic Beach, Florida, at which alcoholic beverages are offered
for sale for consumption on the premises, to expose to public view
that area of the human female breast at or below the areola
thereof, or to employ any device or covering which is intended to
give the appearance of or simulate such areas of the female breast
as described herein.
(c) It shall be unlawful for any person, male or female, while on
the premises of a commercial establishment located within the City
of Atlantic Beach, Florida, at which alcoholic beverages are
offered for sale for consumption on the premises, to expose to
public view his or her genitals, pubic area, buttocks, anus, or
anal cleft or cleavage, or to employ any device or covering which
is intended to give the appearance of or simulate the genitals,
pubic area, buttocks, anus or anal cleft or cleavage.
(d) Any person who shall violate any provision of this section
shall be guilty of a misdemeanor punishable by a fine not to exceed
five hundred dollars ($500.00) or thirty (30) days in jail or both.
Section 2. This Ordinance shall take effect upon its adoption.
* * * * * * * * * * * * * * *
Passed by the City Commission on First Reading March 10, 1986
Passed by the City Commission on Second & Final Reading March 24, 1986
ir�/
illiam S. Howell, Mayo ; Presiding Officer
Approved as to Form and Correctness:
aude L. Mullis, City attorney
(SEAL)
Adelaide R. Tucker, City Clerk