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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 -2-