Loading...
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