HomeMy WebLinkAboutO-1978-196 j ORDINANCE NO. 196
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1 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
SUBJECTING TO A FINE NOT TO EXCEED FIVE HUNDRED
DOLLARS ($500 . 00) , OR IMPRISONMENT FOR A PERIOD
NOT TO EXCEED NINETY (90) DAYS , OR BY BOTH SUCH
FINE AND IMPRISONMENT, EVERY PERSON WHO SHALL
KNOWINGLY DISPLAY TO OPEN PUBLIC VIEW FROM THE
STREETS , SIDEWALKS , OR OTHER PUBLIC AREAS, ANY
STILL PICTURE OR PHOTOGRAPH, OR ANY BOOK, POCKET
BOOK, PAMPHLET , OR MAGAZINE, THE COVER OF WHICH
EXPLOITS , IS DEVOTED TO, OR IS PRINCIPALLY MADE
UP OF DESCRIPTIONS OR DEPICTIONS OF ILLICIT SEX
OR SEXUAL IMMORALITY OR WHICH IS LEWD, LASCIVIOUS ,
OR INDECENT, OR DENUDED FIGURES POSED OR PRESENTED
IN A MANNER TO PROVOKE OR AROUSE LUST OR PASSION
OR TO EXPLOIT SEX, LUST OR PERVERSION FOR CONN!ERCIAL
GAIN, OR ANY ARTICLE OR INSTRUMENT OF INDECENT OR
IMMORAL USE; PROVIDING DEFINITIONS , APPLYING THE
PROVISIONS HEREOF TO ALL EXISTING SUBJECT BUSINESSES ,
BUSINESS ESTABLISHMENTS AND NEWSSTANDS , THIRTY (30)
DAYS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE ;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL,
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE-
WITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE .
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . It shall be unlawful for any person to knowingly
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display to open public view from the streets , sidewalks , or public
areas , any still picture or photograph, or any book, pocket book,
i pamphlet or magazine, the cover of which exploits , is devoted to , or is
principally made up of descriptions or dep
ictions of illicit sex or ,
sexual immorality or which is lewd, lascivious , or indecent , or which A
consists of pictures of nude or partially denuded figures posed or
presented in a manner to provoke or arouse lust or passion or to
exploit sex, lust or perversion for commercial gain or any article or
instrument of indecent or immoral use shall , upon conviction, be
punished by a fine not to exceed five hundred dollars ($500 . 00) , or
imprisonment for a period not to exceed ninety (90) days , or by both
such fine and imprisonment .
For the purposes of this section : "Description or depictions of
illicit sex or sexual immorality" shall mean:
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1. human genitals in a state of sexual stimulation
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or arousal ;
2. acts of human masturbation, sexual intercourse
or sodomy;
3. fondling or other erotic touching of human
genitals , pubic region, buttock, or female
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breast .
"Nude or partially denuded figures" shall mean :
j1 . less than completely and opaquely covered;
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(a) human genitals , (b) pubic region, (c)
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buttock, and (d) female breast below a point
ii immediately and above the top of the areola; and
2. human male genitals in a discernibly turgid state,
even if completely and opaquely covered.
j "Knowingly" shall mean having knowledge of the character and
content of the publication or failure on notice to exercise reasonable
inspection which would disclose the content and character of same .
Section 2 . The provisions of this ordinance shall apply to all
businesses, business establishments and newsstands thirty (30) days
from the effective date of this ordinance .
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! Section 3 . If any word, phrase, clause, subsection or section of
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this ordinance is for any reason held unconstitutional or invalid, the
invalidity thereof shall not effect the validity of any remaining
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jSection 4. That all ordinances or parts of ordinances and all
resolutions or parts of resolutions in conflict herewith be and the
same are hereby repealed to the extent of such conflict .
i Section 5 . That this ordinance shall take effect immediately upon
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Iits passage and adoption.
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PASSED and ADOPTED on first reading this 11th dayof
October
j 1978.
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i PASSED and ADOPTED on second reading this 24th day of October
1978.
HATUR - COMMISSIONER
ATTEST:
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CITY CLERK - AUDITOR
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APPROVED FOR FORM AND CORRECTIVENESS
BY C `
FRANK C. ADLER, City Attorney
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City of Dania, Florida
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