HomeMy WebLinkAboutOrdinance No. 03-1971WROF1LMED
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ORDINANCE NO. 3 -71
PROHIBITION OF CERTAIN ACTS IN CONNECTION
WITH OBSCENE, LEWD, ETC. , MATERIALS;
PROVIDING A PENALTY FOR VIOLATION;
PROVIDING AN EFFECTIVE DATE.
REPEALED
OkD as '13
BE IT ORDAINED, by the City Council of the City of
Cape Canaveral, Florida, that:
SECTION 1. (a) A person who knowingly sells, lends,
gives away, distributes, transmits, shows or transmutes, or offers
to sell, lend, give away, distribute, transmit, show or transmute,
or has in his possession, custody, or control with intent to sell,
lend, give away, distribute, transmit, show, transmute, or
advertise in any manner, any obscene, lewd, lascivious, filthy,
indecent, sadistic, or masochistic book, magazine, periodical,
pamphlet, newspaper, comic book, story paper, written or printed
story or article, writing, paper, card, picture, drawing, photograph,
motion picture film, figure, image, phonograph,record, or wire or
tape or other recording, or any written, printed, or recorded matter
of any such character which may or may not require mechanical or
other means to be transmuted into auditory, visual, or sensory
representations of such character, or any article or instrument of
indecent or immoral use, or purporting to be for an indecent use or
purpose; or who knowingly designs, copies, draws, photographs,
poses for, writes, prints, publishes, or in any manner whatsoever
manufactures or prepares any such material, matter, article, or
thing of any such character; or who knowingly writes, prints,
publishes, or utters, or causes to be written, printed, published, or
uttered any advertisement or notice of any kind, giving information,
directly or indirectly, stating, or purporting to state, where, how,
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of whom, or by what means any, or what purports to be any such
material, matter, article, or thing of any such character can be
purchased, obtained, or had; or who in any manner knowingly
hires, employs, uses, or permits any person to do or assist in
doing, either knowingly or innocently, any act or thing mentioned
above, is guilty of violating this section and shall be punished by
imprisonment not exceeding sixty (60) days, or by a fine not
exceeding $500. 00, or both.
(b) The knowing possession by any person of six or
more identical or similar materials, matters, articles or things
coming within the provisions of the foregoing paragraph (a) is
presumptive evidence of the violation of said paragraph.
SECTION 2. A person who knowingly has in his possession,
custody, or control, any obscene, lewd, lascivious, filthy, indecent ,
sadistic, or masochistic book, magazine, periodical, pamphlet,
newspapers, comic book, story paper, written or printed story or
article, writing, paper, card, picture, drawing, photograph, motion
picture film, figure, image, phonograph record, or wire or tape
or other recording or any written, printed, or recorded matter of
any such character which may or may not require mechanical or
other means to be transmuted into auditory, visual or sensory
representations of such character, or any article or instrument of
indecent use, or purporting to be for an indecent use or purpose,
without intent to sell, lend, give away, distribute, transmit, show,
transmute, or advertise the same, is guilty of violating this section
and shall be punished by imprisonment not exceeding sixty (60) days,
or by fine not exceeding $500. 00, or both. In any prosecution for
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such possession, it shall not be necessary to allege or prove the
absence of such intent.
SECTION 3. Every act, thing, or transaction forbidden
by this Ordinance shall constitute a separate offense and shall be
punishable as such.
SECTION 4. Proof that a defendant knowingly committed
any such act or engaged in any conduct referred to in this Ordinance
may be made by showing that at the time such act was committed or
conduct engaged in he had actual knowledge of the contents or
character of the material, matter, article, or thing possessed or
otherwise dealt with, or by showing facts and circumstances from
which it may fairly be inferred that he had such knowledge, or by
showing that he had knowledge of such facts and circumstances as
would put a man of ordinary intelligence and caution on inquiry as
to such contents or character.
SECTION 5. There shall be no right of property in any
of the materials, matters, articles, or things possessed or otherwise
dealt with in violation of this section, and upon the seizure of any
such material, matter, article, or thing by any authorized law
enforcement officer the same shall be delivered to and held by the
Clerk of the Municipal Court. When the same is no longer required
as evidence, the City Prosecutor or any claimant may move the
Court in writing for the disposition of the same and after notice and
hearing, the court, if it finds the same to have been possessed or
otherwise dealt with in violation of this section, shall order the City
Police to destroy the same in the presence of the Clerk of the Municipal
Court; otherwise, the court shall order the same returned to the
claimant if he shows that he is entitled to possession. If destruction
is ordered, the City Police and the Clerk of the Municipal Court
shall file a certificate of compliance.
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SECTION 6. For the purposes of this Ordinance, the
tests of whether material is obscene are:
(a) The dominant theme of the material taken as a
whole appeals to a prurient, shameful or morbid interest in sex;
(b) The material is patently offensive because it affronts
contemporary community standards relating to the description or
representation of sexual matters;
(c) The material is utterly without redeeming social
value.
SECTION 7. For the purpose of this Ordinance, the
word person includes individuals, firms, associations, corporations
and all other groups and combinations.
SECTION 8. Should any clause, phrase, word or words,
or its application to any person or circumstances be held invalid
or unconstitutional by a Court of competent jurisdiction the remainder
of the Ordinance or its application of the provision to other per sons
or circumstances shall not be effected.
SECTION 9. This Ordinance shall become effective
immediately upon its adoption by the City Council of the City of
Cape Canaveral, Florida; all Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
ADOPTED by the City Council of the City of Cwe Canaveral,
Florida, this 20th day of April, 1971.
City Attorney
/ Second Reading: April 20,1971
Mayor
First Reading: April 6, 1971
Posted: April 7, 1971
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