1970-685ORDINANCE NO. 9 -70 -685
AN ORDINANCE OF THE CITY OF SOUTH MIAMI,
FLORIDA,. AMENDING CHAPTER 15, CODE OF
ORDINANCES,`CITY OF`SOUTH`MIAMI, BY DE-
FIN G'OBSCENE MATERIAL AND�PERFORMANCE'S;
DEC.L,ARiNG 'SAME ` --fo BE UNLAWFUL; ` ESTABLISH-
AAf
ING CERTAIN EV DENTIARY P ES MPTIONS, PER-
m..
MITTING INTRODUCTION OF CERTAIN`'EVIDE'NCE
IN PROSECiJTIONSp AUTHORIZING CONFISCATION
OF OBSCENE MATERIAL; PRESCRIBING PENALTIES
NS
FOR VIOLATIO`THEREOF; AND, PRESCRIBING
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY .
OF SOUTH MIAMI, FLORIDA:
Section 1. That Sections 15 -54 --and 15 -55 of the Code of
Ordinances, City of South Miami, Florida, be and hereby are
amended to read as- follows:
Section 15 -54. Obscenity.
A. OBSCENITY. DEFINITION OF TERMS.
The following definitions are applicable to this ordinance.
1. "Obscene" any material or performance is
"obscene" if (a) considered as a whole, its p "redom`ii ant
appeal is to a prur'ien't, shameful o "r'"mor}S d 'interest in
nudity, .
y, sex, lewdness, excretion, sadisin`or masochism,
and (b) it goes substantially beyond customary limits
of candor in describing or representing such matters
so as to be patently offensive because it affronts
contemporary community standards relating' to the des -
cription or representation of suchr`matters; and (c)
that the material or 'performance taken as a whole is
utterly lacking "in redeeming social value. Predominant
appeal shall be judged with reference to ordinary pru-
derit adults unless it appears from the character of
the material or the circumstances of its dissemination
to be designed for children or for some other specially
susceptible audience.
2. "Material" means anything- tangible which is
capable of being used or adapted to arouse interest,
whether through the medium of reading, observation,
sound or in any other manner.
3. "Performance" means any play, motion-picture,
dance or any other exhibition performed before an
audience.
4. "Promote" means for profit or other commercial
purpose to manufacture, issue, sell, give, provide,
lend, mail, deliver, transfer, transmute, publish,
distribute, circulate, disseminate, present, exhibit
or advertise, or to offer or agree to do the same.
5. "Person" means any individual or combination
of individuals, Including but not limited to firms,
associations, partnerships, and all other groups or
combinations.
I
"B. OBSCENITY SHALL BE UNLAWFUL
A person i's guilty of obscenity when, knowing
its content arid - character; tier
1. Promotes, or possesses with intent to
promote, any obscene material; or
2. Produces, presents or di`reX�ts an obscene
performance or part"icipates in a portion `thereof
which is obscene or which contributes to its
obscenity.
"C. OBSCENITY; PRESUMPTIONS
i ti. 1, A person who promotes obs ec ne" material, or
po ,seSses the -same with intent °to promote it, in
the 'course of his busmess i (-s presumed to do so with
knowledge of its content and character.
2. , A person who `po'sses`ses` 'six 'or more 'identi.'cal
or similar obscene articles` "is presumed to possess
them with intent to promote the same.
"D. OBSCENITY; AFFIRMATIVE DEFENSE
In a prosecution of obscenity,
tive defense that
1. The' Y. it is an affirma-
.: ae =rte tw > �. .aiy_r =a k_ . .::,.�..
person;or, persons to'whom` the allegedly
obscene m,. _ d, or the audience
aterial was disseminate
to an alle edl obscene s fed ;.b
g y performance, ebnsisted�bf
g_ .r �.
person's or institutions havi`rig scientific, educational,
governtnerital'`or other similar justification for
possessing 'or viewing the same.
"E. EVIDENCE: ADJUDICATI0N OF OBSCENITY
I. In any prosecution :for obscenity,- evidence
shall be admissable to show:
a. The character of the audience .: for which the
material or' "performance was designed.or to which it
was directed;
b. What the predominant appeal of the material
or performance would be for ordinary prudent adults
�.
any special audience to,which it was`di'rected,
and what effec t, if any, it would probably have on
r �4 sa
conduct of such people:.
c. Artistic, liter "ary, scientific, educational or
other merit of the material or performance;
d. The degree of public acceptance of the
material 'or performance;
e..- Appeal to prurient interest, or absence
material or perfo 'using 'or other promotion of the
thereof, in''advert
rmaiice and
f. The good-'r'epute of the author, creator,
publisher or other, person from whom the material or
performance originated.
Expert testimony and testimony of the author,
creator, publisher or other person from Mi mthe
material or performance'origin'ated, relating to
factors entering into the determination of the
issue of obscenity, shall be admissable. The
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Court shall dismiss a prosecution for obscenity
if it is satisfied that the material or per -
formance is not obscene.
"F. ORDINANCE IS ALTERNATIVE PROCEDURE
The . provisions and procedures of this ordinance
shall Mbe alternative "provision`s and procedures to
any other avaifl ble to the City of South Ki'hhi for
the p'rosecut'ion ' or suppressiaon of obscenity or
similar acts in the City of South Miami."
"Section 15 -55. Confiscation of Obscene Material.
Whenever any person Is convicted of violating'
this ordinance, the Municipal Court "of South Miaiii,
in awa`r'ding sentence may make an order authorizing
the Chief of Police,�or any `police officer of the
ass. T ' ".. n , .
municipality, to confiscate and destroy any mate'r`ial
of Aet onvictedEdefend'a— t or- defendant pop provided
' � `" ts, "'rovided
. p
however, that destruction of the material shall be
��
wthlie'lyduntil expiration of apicab�le appeal period
or the disposition of any pending`°appeal of the
proceedings or finding of the Court."
Section 2.; If any section, sentence, clause, phrase,
}
or word of this ordinance is for any reason held or declared to
be unconstitutional, inoperative or void, 'Such'holding'or
invalidity shall not affect the remaining`portions of this
ordinance; and it shall be construed to have been the intent
of the Council of the City of South Miami to pass this ordi-
nance without such unconstitutional, invalid, or inoperative
part therein," and the remainder of this ordinance, after the
exclusion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
Section 3. That any person, persons, firm, partner-
ship or corporation viol "at "ing any of the provisions hereof
shall, upon conviction, be punished by a fine not to exceed
$500.00, or by imprisonment not to exceed six months, or by
both such fine and imprisonment in the discretion of the
Municipal Judge. Each day a violation is permitted to exist
shall constitute a separate offense.
Section 4. This ordinance shall take effect
May 1, 1970.
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Section 5. It is intended that this Ordinance
be permanent -in nature -and "shall -be incl id&d in- the Code
of Ordinances, City of South Miami, Florida.
PASSED and ADOPTED this 21st day of April
1970.
Cj�rMAYOR
S
t
ATTEST:
CITY CLERK
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