HomeMy WebLinkAboutOrdinance 520ORDINANCE NO. ,o -.a c'
AN ORDINANCE PROHIBITING THE DISTRIBUTION OF OBSCENE PUBLICATIONS AND
MATERIALS; DEFINING OBSCENE PUBLICATIONS AND MATERIALS; AND PROVIDING
A PENALTY FOR THE VIOLATION OF THIS ORDINANCE.
BE IT ORDAINED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA:
Section One: All persons, firms, corporations, and entities are
hereby prohibited from distributing obscene materials or publications
within the city limits of the City of Ocoee, and the elements of said
offense are as follows:
(a) A person commits the offense of distributing obscene
materials when he sells, lends, rents, leases, gives, ad-
vertises, 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.
(b) Material is obscene if considered as a whole, applying
community standards, its predominant appeal is to prurient
interest, that is, a shameful or morbid interest in nudity,
sex or excretion, and utterly without redeeming social value
and if, in addition, it goes substantially beyond customary
limits of candor in describing or representing such matters.
Undeveloped photographs, 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.
(c) 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 exploitation of erotica solely for the sake of
their prurient appeal.
(d) Any person, cooperation, firm or entity convicted of
distributing obscene material shall for the first offense
be punished by a fine of $500.00 or by imprisonment in the
city jail of the City of Ocoee or in the Orange County Jail
for a period of not less than one month nor more than three
months or by both such fine and imprisonment, and for any
subsequent offense shall be punished by a fine of not more
than $1,000.00 or by imprisonment in the city jail of the
City of Ocoee or in the Orange County Jail for a period of
not less than three months nor more than six months or by
both such fine and imprisonment.
Section Two: If any section, sub -section, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid or unconsti-
tutional by any Court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independnent provision and such
holding shall not affect the validity of the remaining portion hereof.
Section Three: This ordinance shall become effective immediately
upon its becoming a law.
•
Section Four: All ordinances and parts of Ordinances in conflict
herewith are hereby repealed.
140
DONE IN OPEN SESSION, at Ocoee, Orange County, Florida, this, --?""4.
day of 1970.
A. D.
ATTEST:
City Clbrk
(SEAL)
Chairman of the C8mmission
Approved by the Mayor this
day of 1970.
11UBER T W. FOX, b1ayor