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
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