HomeMy WebLinkAboutORD #217ORDIN.P~C~ NO. ~._./?~
AN ORDINANCE ON PORNOGRAPFrY, DISTRIBUTION OF
OBSCENE MATERIAL, PROVIDING A PENALTY FOR
VIOLATION, AND PROVIDING AN EFFECTIV~ DATE.
THE CITY OF SEBASTIAN, FLORIDA, BY AND THROUGH ITS
CITY COUNCIL, HEP~BY ORDAINS:
1. A person commits the offense of distributing
obscene materlals when he sells, lends, rents, leases, gives,
advertises, publishes, exhibits or otherwise disseminates to
any person any obscene material of any description, knowing the
obscene nature thereof, or:who offers to do so, or who possesses
such material with the intent so to do.
2. Material is obscene if considered as a whole,
.applying co~uunity standards, its predominant appeal is to
prurient interest, that i~, a shameful or morbid interest in
nudity, sex or excretion, and utterly without redeemi~g social
value and if, in addition, it goes substantially beyond customary
limits or candor in describing or representing such matters.
undeveloped photo:graphs, molds, printing plates and the like
shall .be deemed obscene notwithstanding that processing or other
acts may be required to make the obscenity patent or to
disseminate it.
3. Material, not otherwise obscene, may be deemed
obscene under this section if the distribution thereof, or the
offer to do so, or the possession with the intent to do so is a
commercial expioitation of erotica solely for the sake of their
prurient appeal.
4. A person convicted of distributing obscene
material upon conviction shall be punished for the violation of
a municipal ordinance and~ shall be punished by imprisonment for
a term of six months or by a fine not to exceed $500.00, or
both.
L. B. 'VOGELLE · ATTOHNEY AT I~%%r · 2140 lOTH AVEN'UE , 'VIiRO BEAGIi, FLORIDA
5. All ordinances, or parts of ordinances, in con-
flictherewith or inconsistent with the provisions of this
ordinance, are hereby repealed.
6. This ordinance shall be effe=tive immediately
upon its passage and approval by the Mayor, or upon its becoming
an Ordinance Without such approval.
I HEREBY CERTIFY that the foregoing Ordinance was
finally passed by the City Council of~he City of Sebastian,
1970.
~resident~ ~lty Council (_\
The foregoing Ordinance was approved by me
day of ~
this
Mayor. ·
City of Sebastian, Florida
I HEREBY CERTIFY That I posted a true copy of the
foregoing Ordinance on the bulletin board of the City Hall of
the City of Sebastian, Florida, after passage of said ordinance
L. B. VO(~ELLE . ATTORNEY AT LiW, · 2140 10TM AVENITE · VERO BEACIi, FLORIDA
on first reading and at least five days before the passage of
said ordinance on second reading, and I posted a true copy of
said ordinance on the bulletin board of the City Hall of the
City of Sebastian, Florida, after final passage.
Clerk
L, R. ¥OGF. LLE · ATTORNEY AT LAW · 2140 10TM AVF. NUE . YEHO BEA6H, FLOI~II)&