O61-19O~DINANCE NO. 61-19
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF
SAID CITY BY ADDING ADDITIONAL SECTIONS THERETO,
MAKING IT UNLAWFUL FOR ANY PERSON TO HAVE IN HIS
OR HER POSSESSION, OR KNOWINGLY TO EXHIBIT, SELL,
PRINT, OFFER TO SELL, GIVE AWAY, CIRCULATE, PUBLISH,
DISTRIBUTE OR ATTEMPT TO DIST-~IBUTE ANY OBSCENE
LITERATURE, PICTURE OR OTHER ARTICLE WHICH IS
OBSCENE: DEFINING THE WORD "OBSCENE"; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH: PRESCRIBING
PENALTIES FOR THE VIOLATION OF ITS PROVISIONS:
PROVIDING FOR AN EFFECTIVE DATE: AUTHORITY TO
CODIFY: FOR A SAVIiYGS CLAUSE AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA:
SECTION 1. That Chapter 17 of the Code of Ordinances of the
City of Boynton Beach, Florida, is hereby amended by adding thereto, after
Section 17-56, two additional sections to be numbered Section 17-57 and
Section 17-58 to read respectively:
"Sec. 17-57. Obscene literature, pictures and articles.
It shall be unlawful for any person knowingly, to exhibit,
sell, print, offer to sell, give away, circulate, publish, dis-
tribute or attempt to distribute any obse~.ne book, magazine,
pamp~hlet, paper, writing, card, advertisement, circular, print,
picture, photograph, motion picture film, play, image, instru-
ment, statue, drawing or other article which is obseene.
The term "Obscene" for the purpose of this Section is
defined as follows: 'Whether to the average person, applying
contemporary community standards, the dominant theme of
the material taken as a whole appeals to prurient interests, r
Any person violating any provision of this Section shall be
deemed guilty of a misdemeanor and upon conviction thereof
shall be fined not less than $50.00 nor more than $500.00, or
be imprisoned for not more than 30 days in the City Jail, or
be both so fined and imprisoned.
Sec. 17-58. Possession of obscene literature, pictures and
article s prohibited.
It shall be unlawful for any person (Other than authorized
persons holding the same for prosecution, or for the purpose of
being destroyed) To have in his or her possession any obscene
book, magazine, pamphlet, paper, writing, card, advertisement,
circular, print, picture, photograph, motion picture film, play,
image, instrument, statue, drawing or other article which is
obscene.
The term "obscene" for the purpose of this Section is defined
as follows: 'Whether to the average person, applying contemporary
community standards, the dominant theme of the material taken
as a whole appeals to prurient interests. '
Any person violating any provision of this Section shall be
deemed guilty of a misdemeanor and upon conviction thereof shall
be fined not less than $50.00 nor more than $500. 00, orbe im-
prisoned for not more than 30 days in the City Jail, or be both so
fined and imprisoned."
SECTION 2: All ordinances and parts of ordinances in conflict
with the provisions of this Ordinances are hereby repealed.
SECTION 3: If any section, subsection, sent~ence, 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 4: Specific authority is'hereby granted to dodify
this Ordinance.
SECTION 5:
This Ordinance shall become effective in the manner
and at the time provided for by the Charter and Ordinances of the City of
Boynton Beach, Florida.
First reading, this 7 % day- Of
Second, Final reading and Passage, this
A.' D. i961
(CORPORATE SEAL)
, A.D. 1961.
day of ~j~-
City Clerk/
CITY O~BO~NT0~ BEeCH. FLORIDA,
Mayo~
/
fl~, Vice Mayor
,
"~ ~ .
COUNCILMAN
_./7 -' / COUNCILMAN
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