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126 vORDINANCE NG. / 42. 6. AN ORDINANCE TO PROHIBIT WITHIN THE TOaN LIMITS OF THE TOWN OF ATLANTIC BEACH, FLORIDA, THE WEAR- ING OF A MASK OR ANY DEVICE WHEREBY ANY PORTION OF THE FACE IS SO HIDDEN OR COVERED AS TO CON- CEAL THE IDENTITY OF THE WEARER; PROHIBITING THE DEMANDING OF ENTRANCE OR THE ENTRANCE UPON THE PREMISES OF ANOTHER WHILE SO WEARING A MASK; PROHIBITING THE BURNING OF ANY CROSS UPON THE PREMISES OF ANOTHER; PROVIDING A PENALTY FOR THE VIOLATION OF TH.'S ORDINANCE; PROVIDING THAT IF ANY SECTION, SUB-SECTION, SENTENCE, CLAUSE, PHRASE OR WORD OF THIS ORDINANCE IS FCR ANY REASON HELD TO BE UNCONSTITUTIONAL OR INVALKD, SUCH HOLDING OR INVALIDITY SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE; DECLARING THIS ORDINANCE TO REPEAL ALL OTHER AND PRIOR ORDINANCES OR ANY PART THEREOF IN ANY WISE DEAL- ING WITH THE SAME SUBJECT AND IN CONFLICT HERE- WITH. BE IT ORDAINED BY THE MAYOR AND TCW N COUNCIL OF THE TOWN OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA: SECTION 1: No persons shall in this Town, while wearing any mask or device whereby any portion of the face is so hidden or covered as to conceal deliberately the identity of the wearer, enter upon or be or appear upon any public or private property within the Town limits . SECTION 2 : No person or persons shall , while wearing a mask or device whereby any portion of the face is so hidden or covered as to conceal deliberately the identity of the wearer, demand entrance or admission or enter or come upon or into the premises, enclosure, or house of any person in this Town. SECTION 3: No person or persons shall cause to be burned or erected any cross either upon any other person' s property or in public . or make any similar demonstrations or place any similar exhibits upon the private property of another , unless such person or persons shall have first obtained from the occupier or owner ( if the owner is the occupier) of the property, his or her permission to do so . SECTION 4: The following are exempted from the provisions of this Act : A) Any person or persons wearing traditional costumes of the holiday during a holiday period. B) Any person or persons under the age of 17 years, it being now determined after study that children sometimes in the spirit of levity indulge in the use of holiday masks , and which acts and conduct do not create the mischief otherwise intended to be prohibited by this ordinance . C ) Any person wearing a mask in a circus or play. SECTION 5 : In the event any section, sub-section, sentence , clause , phrase or word of this ordinance shall be declared or adjudged invalid or unconstitutic,nal, such adjudi- cation shall in no manner affect the other sections , sub-sections , clauses, phrases or words of this ordinance , which shall be and remain in full force and effect as if the section, sub-section, sentence , clause , phrase or word so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION 6: Any person or persons violating this ordinance or any of its provisions or sections or parts of sections , shall, upon conviction, be punished by a fine not to exceed $1,000.00, or by imprisonment not to exceed ninety 90) days , or by both such fine and imprisonment , in the discretion of the Court , for each separate violation. Passed on First Reading June 27, 1949 Passed on Second Reading June 27 , 1949 Passed on Third and F inal Reading 1949 Approved by Mayor z / 1 49 iTh Ge-oe--e_ . 1 , , own C er Approved 2._1949 t .yo