O70-28 ORDINANCE NO. 70 - 28
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
PROHIBITING DISTRIBUTION OF OBSCENE MATERIALS WITHIN
SAID MUNICIPAL LIMITS, PROVIDING FOR SAVINGS CLAUSE,
REPEALING PROVISIONS, AUTHORITY TO CODIFY, PENALTY
PROVISIONS, AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON
BEACH, FLORIDA:
Section 1: The distribution of obscene materials, as hereinafter
defined, within the municipal limits of the City of Boynton Beach, Florida,
is hereby prohibited.
(a) A person commits the offense of distributing obscene
materials 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.
(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 with-
out 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 deeme,
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.
Section 2: Separability: Each of the provisions of this Ordinance
are separable, including word, clause, phrase or sentence, and if any portio
hereof shall be declared invalid, the remaining portion shall not be affected
but shall remain in full force and effect.
to Codify ~
i by granted
°rd~nances in con~~~si~ 11 Ordin~--
· ~cr //ere~vith a ~,ces or Parts
re hereby repealed, of
~: Penalt-- PrOVis'
COnvicted of vi~-~ 3iny
~[lng the n ...... - ~a, fi~ or COrporalion
~v~Slons of ibis Ordinance shall, Upon
orihere°Li~priSO~enlbe PenaliZednot by fine nol exceeding $500. 00 and Cosls of Pr°secution,C°n~cii°n
~enl. Each day Uponexceeding ninety days, or by both Such fine and
~hic.h an Offense Shall Continue Shall be dee~ed a
Separale and distinct Offense.
in
the
~_ ~ Th~s Ordinance Shall become effeclive
~a~er ~d at lhe ii~e Provided in the Charter
City of Boynlon Beach, ~lOrida. and Ordinances of
First reading this '- ~ ~
~uay of September, A.D. I~70.
Second, final reading and
1~70. Passage thiS~day of 0~~ ~
/
CITy OF BOYNTON B~ACH. FLORIDA
CORp.