HomeMy WebLinkAboutOrdinance No.09-1966~' ® MIGROFILMED ® REPEALED
3.13.80
ORDINANCE NO. 9 -66
AN ORDINANCE RELATING TO PORNOGRAPHIC
LITERATURE, ARTICLES OR PICTURES:
PROHIBITING THE PUBLISHING, POSSESSION,
SALE OR DISTRIBUTION OF PORNOGRAPHIC
LITERATURE, ARTICLES OR PICTURES; PRO-
VIDING PENALTY FOR VIOLATION OF THIS
ORDINANCE; PROVIDING RIGHT OF CONFIS-
CATION OF PROHIBITED PORNOGRAPHY;
PROVIDING REVOCATION OF OCCUPATIONAL
LICENSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, finds and determines that there is a great increase in the
number and variety of illustrated magazines and other publications
of the type prohibited by this Ordinance, being possessed, displayed
and offered for sale within the City of Cape Canaveral, and
WHEREAS, many of such magazines and other publications of the
type prohibited. by this Ordinance are designed and formed so as to
resemble closely other publications devoted in substance to matters
of health and educational information, and in some instances are
being displayed for sale side -by -side with such legitimate
publications, and
WHEREAS, certain of the magazines and other publications of
the type prohibited by this Ordinance deal in substantial part
with pictures and subject matters of an obscene nature tending
to deprave the morals of those into whose hands the publication
might fall, by suggesting lewd thoughts and exciting sensual
desires, Now Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA:
SECTION 1. It shall be unlawful to publish, sell, distribute,
lend, show or transmit, or to offer to do any of the foregoing,
any obscene, lewd, lascivious, filthy, indecent, immoral, degrading,
sadistic, masochistic, or disgusting book, "pocket book ", magazine,
periodical, pamphlet, newspaper, article, comic book, story book,
story paper, writing, paper, picture drawing, photograph, figure,
image, motion picture film, phonograph record, wire or tape or
other recording, devoted principally to the presentation of illicit
sex, lust, passion, depravity or immorality.
® MICROFILMED3.13.86
SECTION 2. It shall be unlawful for any person to wilfully
or knowingly sell, lend, give, show, advertise for sale or distribute
commercially to any person, or who has in his possession with intent
to sell, lend, give, show, advertise for sale or distribute commercially
to any person any pornographic motion picture, or any still picture
or photograph, or any book, magazine, paper, drawing or newspaper the
cover or contents of which exploits, openly suggests, or is partly or
wholly devoted to illicit sex or sexual immorality or which is obscene
lewd, lascivious, filthy, indecent, disgusting, or which consists of
pictures of nude or partially denuded figures, posed or presented in
a manner to provoke or arouse lust or passion so as to exploit sex,
lust or perversion.
SECTION 3. The possession of any of the articles, whether
identical or of separate categories, prohibited by this Ordinance
shall constitute a prima facie case of a violation hereof, and
shall subject the possessor to the penalties prescribed in Section 6.
SECTION 4. Every transaction involving any article or articles
prohibited by this Ordinance shall constitute a separate violation
and a separate violation shall be deemed committed on each day during
or on which the violation of this Ordinance occurs or continues.
SECTION 5. Any person who violates any of the provisions of
this Ordinance, upon conviction in the Municipal Court, shall be
fined not less than $25.00 nor more than $500.00, or be imprisoned
for a period of time not to exceed 60 days, or both such fine and
imprisonment in the discretion of the Municipal Judge.
SECTION 6. Any firm or corporation violating any provision of
this Ordinance shall, upon conviction, be fined not less than $25.00
nor more than $500.00 for each violation or offense.
SECTION 7. In addition to the foregoing penalties for violations
as provided in Sections 6 and 7 of this Ordinance, the Municipal Judge
may revoke any occupational license, held by any person, firm or
corporation, found guilty of violating any of the foregoing provisions
of this Ordinance.
2.
MJCROFILMED a _ -
313.80
SECTION S. Whenever any person is convicted under the provisions
of this Ordinance; the Municipal Judge in awarding sentence shall make
an order confiscating that article or articles prohibited by this
Ordinance and authorize the destruction of same.
SECTION 9. Whenever any officer arrests any person charged
with any offense against the City and shall find any article referred
to in this Ordinance on the person of such arrested person, he shall
seize such article or thing, and take the same into his custody to
await the trial of the offender.
SECTION 10. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
SECTION 11. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid,
or unconstitutional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 12.. This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, on the ay of 1966.
s
May r
Attest:
City Cler
Approve s to Form:
City ttorney