Ordinance 1798• � / � •
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O RD I NAN C E NO . � 7`98 _,_._.---"
AN ORDINANCE AMENDING CHAPTER 25 OF
"THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA" BY ADDING A NEW SECTION THERETO,
IMMEDIATELY FOLLOWING SECTION 25-53 OF
SAID CHAPTER, TO BE ENT ITLED "S ECTION 2 5. 5 3A-
REGULATIONS RELATING TO OBSCENITY".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION l. That "The Code of the City of Miami Beach, Florida" be,
� and the same is hereby amended by adding a new section
� thereto to follow immediately after Section 25.53, to be numbered,
; entitled and read as follows:
"Section 25.53A - Regulations relating to obscenity.
Section 25.53A.1 Declaration of Policy:
The City Council of the City of Miami Beach
deems it contrary to the public health, safety,
welfare and morals to permit or allow the pro-
motion of obscene material in the City of Miami
Beach, Florida.
Section 25.53A.2 Definitions :
As used in this section of the Code, the following
words and terms shall have the following meanings:
(1) "Obscene" Any material or performance is
"obscene" if (a) considered as a whole, its
predominant appeal is to prurient, shameful
or morb id interest in nudity, sex, excretion,
sadism or masochism, and (b) it goes substan-
tially beyond customary limits of candor in
describing or representing sex matters and
(c) it is utterly without redeeming social
value. Predominant appeal shall be judged
with reference to ordinary adults unless it
appears from the character of the material
or the circumstances of its dissemination to
be designed for children or 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 read-
ing, observation, sound or in any other manner.
(3) "Performance" Means any play, motion picture,
dance or other exhibition performed before an
audience.
(4) "Promote" Means to manufacture, issue, sell,
give, provide, lend, mail, deliver, transfer,
transmit, publish, distribute, circulate, dis-
seminate, present, exhib it, or advertise, or to
offer or to agree to do the same.
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Section 25.53A.3 It shall be unlawful and a person is
guilty of obscenity when, knowing its
content and character, he:
(1) Promotes, possesses with intent ion to promote
any obscene material; or
(2) Produces, presents or directs an obscene per-
; formance or participates in a portion thereof
which is obscene or which contributes to its
obscenity.
Section 25.53A.4 Obscenity - Presumptions
(1) A person who promotes obscene material, or
possesses the same with intent to promote it,
in the course of his business is presumed to
do so with knowledge of its content and character.
(2) A person possessing five or more identical or
similar obscene articles is presumed to possess
them with intent to promote the same.
Section 25.53A.5 Obscenity - Defense
In any prosecution for obscenity, it is an affirmative
defense that the persons to whom allegedly obscene
material was disseminated, or the audience to an
allegedly obscene performance, consisted of persons
or institutions having scientific, educational, govern-
mental or other similar justification for possessing
or viewing the same.
Section 25.53A.6 Evidence - Adjudication of Obscenity
(1) In any prosecution for obscenity, evidence shall
be admis s ible to show :
(a) The character of the audience for
which the material was designed or to
which it was directed;
(b) What the predominant appeal of the
material would be for ordinary adults
or any special audience to which it was
directed, and what effect, if any, it
would probably have on conduct of such
people.
(c) Artistic, literary, scientific, educa-
tional or other merit of the material;
(d) The degree of public acceptance of the
material; ,
(e) Appeal to prurient interest, or absence
thereof, in advertising or other promotion
of the material; and
(f) The good repute of the author, creator,
publisher or other person from whom the
material originated.
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Expert testimony and testimony of the author, creator,
publisher or other person from whom the material originated, re-
� lating to factors entering into the determination of the issue of
obscenity, shall be admissible. The Court shall dismiss a prose-
Cution for obscenity if it is satisf ied that the material is not
obscene.
Section 25.53A,7 Confiscation of Prohibited Material
Whenever anyone is convicted of violating this Ordina nce,
the Court, in awarding sentence, shall make an order confiscating
the obscene material and authorize and direct the Chief of Police
to destroy the same.
Section 25.53A.8 Minors under 17 years of age
The provisions of this section of the Code shall be
inapplicable and unenforceable to persons under seventeen (17)
years of age in order to comply with the 1969 Florida Statutes
which have preempted this area by special legislation regarding
such persons.
Section 25.53A.9 Severability
If any section, subsection, sentence, clause, phrase or
portion of this section of the Code is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent pro-
vision and such holding shall not affect the validity of the re-
maining portions of this section of the Code."
SECTION 2. All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 3. The health and welfare of the City being in peril, the three
readings of this ordinance shall be had in one session, and the City
Council finding that this ordinance is necessary for the immediate
protection of its citizens, it shall therefore go into effect imme-
diately.
PASSED and ADOPTED this 15th day of December , 1969.
ATTES T :
ity Clerk and Finance D irector
lst reading - December 15, 1969
2nd reading - December 15, �969
3rd reading - December 15, 1969
POSTED - December 16, 1g69
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STATE OF FLORIDA
COUNTY OF DADE:
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I, RUTH B. ROULEAU, City C lerk and Finance Director in
and for the City of Miami Beach, Florida, do hereby certify that
Ordinance No.
entitled:
AN ORD I NANCE AMEND I NG CHAPTER 25 OF "THE CODE OF THE C ITY OF MIAMI BEACH,
FLORIDA," BY ADDING A NEW SECTION THERETO, IMMEDIATELY FOLLOWING SECTION
25-53 OF SAID CHAPTER, TO BE ENTITLED "SECTION 25.53A-REGULATIONS
RELATING TO OBSCENITY".
having been passed and adopted by the City Council of the City of
Miami Beach, Florida, has been posted by me in three conspicuous
places in the City of Miami Beach, one of which was at the door
�
of the City Hall in said City on the 16th day of December, 1 g69,
and that said Ordinance remained posted for a period of at least
thirty days in accordance with the requirements of the City Charter
of the said City of Miami Beach.
IN WITNESS WHEREOF I have hereunto set my hand and
af f ixed the of f icial seal of the City of � Miami Beach, Florida,
on this the 4th
i
day of February, 1970.
City Clerk and Finance Director
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