Ordinance 011-1994 4.
Commissioner Reich
ORDINANCE NO. 011-1994
AN ORDINANCE PROVIDING FOR DEFINITIONS; PROHIBITING ANY
PERSON IN UNINCORPORATED MONROE COUNTY FROM POSSESSING
WITH INTENT TO SELL, LENDING, SELLING, GIVING OR
SHOWING ANY BOOK, MAGAZINE, PERIODICAL, PAMPHLET,
NEWSPAPER, COMIC BOOK, OR STORY PAPER, CONTAINING
OBSCENE MATERIAL; OR ADVERTISING THE AVAILABILITY OF
OBSCENE MATERIAL; OR EMPLOYING OTHERS TO DO THE SAME;
PROVIDING THAT THE PROHIBITION DOES NOT APPLY TO
MATTERS PREEMPTED BY GENERAL LAW; PROVIDING FOR
PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVID-
ING FOR INCORPORATION INTO THE MONROE COUNTY CODE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMIS'.��IONE.S
MONROE COUNTY, FLORIDA, that: c,
Section 1. Definitions "X)
m
a) "Deviate sexual intercourse" has the'me4nin ? o
set forth in Sec. 847 . 001(2) , Florida Statutes .12 w
b) "Nudity" has the meaning set forth in Sec.
847. 001(5) , Florida Statutes .
c) "Person" includes individuals , firms , asso-
ciations , corporations , and all other groups and
combinations.
d) "Obscene" means the status of material which:
1. The average person, applying
contemporary community standards , would find,
taken as a whole appeals to the prurient interest;
2. Depicts or describes, in a patently
offensive way sexual conduct as specifically
defined in Sec. 1 (a)- (b) and Sec. 1 (e)- (j ) of this
Ordinance; and
3. Taken as a whole, lacks serious
literary, artistic, political , or scientific
value.
e) "Sadomasochistic abuse" has the meaning set
forth in Sec. 847. 001 (8) , Florida Statutes .
f) "Sexual battery" has the meaning set forth in
Sec. 847 . 001 (9) , Florida Statutes .
g) "Sexual bestiality" has the meaning set forth
in Sec. 847. 001 (10) , Florida Statutes.
h) "Sexual conduct" has the meaning set forth in
Sec. 847. 001 (11) , Florida Statutes .
i) "Sexual excitement" has the meaning set forth
in Sec. 847. 001(12) , Florida Statutes .
j ) "Simulated sexual conduct" means the de-
piction of the conduct described in subsection (h)
which creates the appearance of such conduct and which
exhibits nudity.
Section 2. Prohibition.
a) No person may knowingly lend, sell, possess
with intent to sell, give away, distribute , transmit ,
show, transmute, offer to sell, lend, give away,
distribute, transmit, show, transmute, or advertise in
any manner, any obscene book, magazine, periodical,
pamphlet , newspaper, comic book, or story paper ,
written or printed story or article, writing, paper,
card, picture, drawing, photograph, figure , image,
phonograph record, audio cassett , audio compact disc,
wire or recorded matter of any such character that may
or may not require mechanical or other means to be
transmuted into auditory representations of an obscene
character. No person may knowingly write, print,
publish, utter or cause to be uttered, any
advertisement or notice of any kind, giving information
directly or indirectly, stating or purporting to state,
where, how, of whom or by what means any, or what
purports to be any, obscene material article , or item
of obscene character can be purchased, obtained, or
had. No person may knowingly hire , employ, use, permit
another person to do or assist in doing any act or
thing mentioned above.
b) Proof that a defendant knowingly committed
any act or engaged in any conduct referred to in this
section may be made by showing that at the time such
act was committed or conduct engaged in he or she had
actual knowledge of the contents or character of the
material, matter, article, or thing possessed or
otherwise dealt with, by showing facts and circum-
stances from which it may fairly be inferred that he
had such knowledge, or by showing that he or she had
knowledge of such facts and circumstances as would put
an individual of ordinary intelligence and caution on
inquiry as to such contents or character.
-2-
c) Every act, thing, or transaction forbidden by
this section constitutes separate offense and may be
punishable as such.
Section 3. Applicability.
This ordinance only applies in unincorporated Monroe County.
Section 4 . General Law Preemption.
This ordinance does not apply to matters excluded from
County regulation by Sec. 847. 09 , Fla. Stat.
Section 5. Penalties.
a) Violations of this ordinance may be prosecuted in the
same manner as misdemeanors are prosecuted. The violations shall
be prosecuted in the name of the state in a court having juris-
diction of misdemeanors by the prosecuting attorney thereof and
upon conviction shall be punished by a fine not to exceed $500 or
by imprisonment not to exceed 60 days or by both such fine and
imprisonment.
b) Violations of this ordinance may also be prosecuted
through a citation issued by a code inspector under the proce-
dures of Sec. 125 . 69(2) , Fla. Stat. , or Chap. 76-435 , Laws of
Florida, and Sec. 2-15. 5 , Monroe County Code.
c) Violations of this ordinance may also be prosecuted
before the County Code Enforcement Board under Chap . 162, Fla.
Stat. , and Chap. 6.3 , Monroe County Code.
d) All penalties in this section are cumulative and
nonexclusive. Nothing in this section prevents the County from
enforcing this Ordinance through any other method, process , or
cause of action, that may be available under the laws of the
State of Florida.
-3-
Section 6. If any section, subsection, sentence, clause
or provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section 7 . All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 8. The provisions of this ordinance shall be
included and incorporated in the Code of Ordinances of the County
of Monroe, Florida, as an addition or amendment thereto , and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 9. A copy of this ordinance must be filed with
the Secretary of State , State of Florida, but will not take
effect until approved by the Florida Department of Community
Affairs.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 17th day of May A.D. , 1994.
Mayor London yes
Mayor Pro Tem Cheal no
Commissioner Harvey yes
Commissioner Freeman yes
Commissioner Reich yes
(SEAL) . BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MON: : : COUNTY, FLORIDA
By ai e. viL & By i!
Deputy Clerk Mayor airman
EFFECTIVE DATE
viipornil3
AP Oti ED A O 17(_"'"
IFFiCl C.
_4_ Attorneys Of rce
Data
& 0cuipli•tG 4y
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Ly OE COU(V . ..-
;Danny IL. 1aotIjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305) 289-6027 KEY WEST, FLORIDA 33040 TEL. (305) 852-7145
TEL. (305) 292-3550
June 1, 1994
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mrs. Liz Cloud, Chief
Bureau of Administrative Code and Laws
Department of State
The Capitol
Tallahassee, FL 32301
Dear Mrs. Cloud:
Enclosed please find a certified copy of Ordinance No. 011-1994, Prohibiting any
person in unincorporated Monroe County from possessing with intent to sell, lending,
selling, giving or showing any book,magazine, periodical, pamphlet, newspaper,comic
book, or story paper, containing obscene material; or advertising the availability of
obscene material; or employing others to do the same; Providing that the prohibition
does not apply to matters preempted by general law; Providing for penalties; etc.
This Ordinance was adopted by the Monroe County Board of County
Commissioners at a Regular Meeting in formal session on May 17, 1994. Please file for
record.
Danny L. Kolhage
Clerk of Circuit Court
and ex officio Clerk to the
Board of County Commissioners
By: Isabel C. DeSantis
e. kl)),
Deputy Clerk
cc: Municipal Code Corporation
Growth Management Director
County Administrator
County Attorney
County Commission
Sheriff's Department
State Attorney
File
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FLORIDA DEPARTMENT OF STATE
Jim Smith, Secretary of State
DIVISION OF ELECTIONS
Bureau of Administrative Code
The Elliot Building
Tallahassee, Florida 32399-0250
(904) 488-8427
June 6 , 1994
Honorable Danny L. Kolhage
Clerk of Circuit Court ;
Monroe County Courthouse
500 Whitehead Street
Key West, Florida 33040
Attention: Isabel C. DeSantis, Deputy Clerk
Dear Mr . Kolhage : '
Pursuant to the provisions of Section 125 .66 , Florida Statutes,
this will acknowledge your letter of June 1 , 1994 and a
certified copy of Monroe County Ordinance No. 94-11 , which was
filed in this office on June 6 , 1994 .
Sincerely,
Q-9-13.-CS
Liz Cloud, Chief
Bureau of Administrative Code
L.C/mb
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NONICIPAL•CODE CORPORATION 8 __
!Suppleeent'Department �=��Ia, ��� J—D
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.Tallahassee, Fl 32316-2235 JUNIa°94 �10�% �4.
del' el
Supplement 53 06/14/94 +ALP+^ r.Y2Y •
PB:E467224 «. .
Me have received the`following material.
Thank you for your assistance and cooperation.
;Ordinance Nos. 010-1994 and 011-1994.
\ TO:
Ns. Isabel C. DeSantis
\\ Deputy Clerk
Monroe County
PO Box 1980
Key West, FL 33040
1-800-262-CODE (National) LBJ
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DOMESTIC RETURN RECEIPT
•
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN
that oa Tuesday,May 17,1994,at 10:00 A.M.at the Key Largo Library,
Key Largo, Florida, the Board of County Commissioners of Monroe
County,Florida,intends to consider the I of the following County
ordinance: -
. ORDINANCE NO. 1994
AN ORDINANCE PROVIDING FORDEFINITIONS;•PROHIB-
td ITING ANY PERSON IN UNINCORPORATED MONROE COUNTY
FROM POSSESSING,LENDING,SELLING,GIVING OR SHOWING
ANY BOOK, MAGAZINE, PERIODICAL, PAMPHLET, NEWSPA-
SE RV I PER,COMIC BOOK,OR STORY PAPER,CONTAINING CERTAIN
TYPES OF OBSCENE PICTORIAL ILLUSTRATIONS;PROVIDING
THAT THE PROHIBITION DOES NOT APPLY TO MATTERS PRE-
DAGNY WOLFF EMPTED BY GENERAL LAW;PROVIDING FOR PENALTIES;PRO- '
Editor&Publisher BC VIDING FOR SEVERABILITY;PROVIDING FOR REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE; AND
PROVIDING AN EH-hCTIVE DATE.
Pursuant to Section 286.0105,Florida Statutes,notice is given that if
• a person decided to appeal any decision made by the Board with respect to
any matter considered at such hearing or meeting,he will need a record of
PROOF OF PUBLICATION the proceedings,and that,for such purpose,he may need to ensure that a
verbatim record of the proceedings is made,which record includes the
testimony and evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for review at
STATE OF FLORIDA ) the various public libraries in Monroe County,Florida.
COUNTY OF-MONROE ) DATED at Key West,Florida,this_18th day of April,1994.
DANNY L.KOLHAGE
Clerk of the Circuit Court '
Before the undersigned authority personally appeared_l - and ex officio Clerk of the
,who on oath, says that she is_EDIT( • Board of County Commissioners
of THE REPORTER,a weekly newspaper published at Tavern of Monroe County,Florida
that the attached copy of advertisement,being a_LEGAL Al Published:4/28 and 5i5i94
The Reporter -
IN THE MATTER OF INTENTION TO CONSIDER Tavernier,FL 33070 . . .
IN THE Court,was published in said
newspaper in the issues of 4/28 AND 5/5/94 . •
Affiant further says that the said REPORTER is a newspaper published
at Tavernier,in said Monroe County, Florida,and that the said newspaper has
heretofore been continuously published in the said Monroe County,Florida,
each week(on Thursday), and has been entered as second class mail matter at
the Post Office in Tavernier,in said County of Monroe, Florida, for a period of
one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that he has neither paid nor promised any firm,person, or
corporation any discount,rebate,commission or refund for the purpose of securing
this said advertisement for publication in the-said newspaper. -
0
SE rcr : R7
SWORN TO AND SUBSCRIBED BEFORE ME THIS C C
_5TH_DAY OF_MAY_A.D.,1994_ i rri
T; v C
NOTARY PUBLIC
MY COMMISSION EXPICARY MUM;STATE OF ROttIDA Al 6Attoic
7t iLiSION EXPIRES GEIOBIIARV 02,1995
A
PROOF OF PUBLICATION •
• THE FLORIDA KEYS KEYNOIF$,
Published 'IfW e 'Wee'kly 4
MARATHON, MONROE�4 CQ l 'THY, .(�I�.IDA
STATE OF FLORIDA )
COUNTY OF MONROE) DAN
CLh CU . C- •
-
MONROE COUN I Y. F I.E.
Before the undersigned authority personally appeared MARY LOU SOLLBERGER who on oath, says that she is
FINANCIAL DIRECTOR of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published at MARATHON,
in MONROE COUNTY, FLORIDA;
•
that the attached copy of advertisement, being a NOTICE OF INTENTION TO CONSIDER COUNTY ORDINANCE
IN THE MATTER OF OBSCENITY •
was published in said newspaper in the issues of APR. 27 & MAY 4, 1994
no.5327900
NOTICE OF INTENTION
TO CONSIDER ADOPTION
Alliant further says that the said FLORIDA KEYS KEYNOTER is a news- OF COUNTY ORDINANCE '
NOTICE.IS HEREBY GIVEN TO
paper at MARATHON, in said MONROE COUNTY, FLORIDA, and that the said WHOM IT MAY CONCERN that
on Tuesday, May 17, 1994, at
9:00 A.M. at the Key Largo Li-
newspaper has heretofore been continuously published in said MONROE brery, Kay Largo Florida. the
Board of County dtyommisaioners I
COUNTY, FLORIDA, twice each week (on Wednesday and Saturday) and has tends°oconsrdortheaddoop f'
the following County ordinance:
been entered as second class mail matter at the post office in MARATHON, ORDINANCE NO. 1994
in said MONROE COUNTY, FLORIDA, for a period of one year next preceding FOR DEFFINITONS:NCE PROViDING
OB
PROHIBIT-
ING Y EMONROEON IN U COUNTY
the first publication of the attached copy of advertisement; and affiant fur-
FROM POSSESSING,LENDING,
ther says that she has neither paid nor promised any person, firm, or cor- SELLING,
BOOK, MAGAZIG OR NE, PERIL.-I
ODICAL PANPHLET, NEWSPA-I
PER, COMIC BOOK•OR STORY
poration any discount, rebate, commission or refund for the purpose of PAPER,CONTAINING CERTAIN
IAL
LLSSNEIUTRATIIO OF N PROVIDING I
securing this advertisement for publication in the said newspaper.(SEAL) THAT THE PROHIBITION'DOES
NOT APP;Y TO MATTERS PRE-i
EMPTED BY GENERAL LAW,
PROVIDING FOR PENALTIES;
PROVIDING FOR SEVERABILI-
TY;PROVIDING FOR REPEAL OF
ALL ORDINANCES INCONSIS-
• TENT HEREWITH: PROVIDING
FOR INCORPORATION INTO
THE MONROE COUNTY CODE;
AND PROVIDING AN EFFECTIVE
DATE. . • -
• Pursuant to Section 286.0105,
Florida Statutes noticetis given
that if a person decided to appeal
any decision made by the Board
with respect any.matter co
n-
sidered e at uch hearing or meet-
ing,he will need a record of the
proceedings,'and that, for such
- purpose,he may need to ensure,'
that a verbatim record of the pro-1
ceedings is made, which record;
`includes the testimony and evi-,
dence upon which the appeal is;
to be based.
SWORN TO AND SUBS IBED B ORE ME THIS 6TH DAY OF MAY A.D. 1994 copies of the above-referenced'
ordinance are available for review.
at the Various public libraries in'
Monroe County,Florida.
DATED at Key West,Florida,this
16th day of April,1994.
DANNY L.KOLHAGE.
Clerk of the Circuit Court
r and ex officio Clerk of the
,ION—FRIG EA.1OPd Board of County Commissioners
of Monroe County,Florida.
6).1-Y1
My Comm Exp. 5/27/97 Publish:Apr.27&n May 4,1994
NOTARY Florida Keys Keynoter
PUBLICu Bonded By Service Ins
OF •
[J Pelsollory Korn 110!her I.D.
,
• NOT *1INTENTION TO CON .
SIrfER ADOPTION OF COUNTY, •
ORDINANCE] . ' sz<
' NOTICE IS HEREBY GIVEN TO i aw KB' WEST
WHOM"IT MAY CONCERN that on 'N�
Tuesday, May 17, 1994, at 10:00 ���
A.M. at the Key Largo Library, Key ° r 0 .>` � ,QL`_ J '�tEC%ORf
............. t.
Largo, Florida, the Board of County i
Commissioners of Monroe County, ;
Floirda, intends to consider the; Published JJ ailN my 23 P 2 :13
adoption of the,following County or- I .
divan ORDINANCE NO.-1994. ! Key West, Monroe County, Florida 33040
I AN ORDINANCE PROVIDING FOR.. DAPAN f K1;,--i;:.i,`
'DEFENITIONS; PROHIBITING ANY ' •
Cl_K Cli?. CI. •
PERSON 'IN UNINCORPORTATED MONROE COUNTY. FLA •
MONROE COUNTY FROM :
-PROSSESSING, LENDING, SELL- ;ORIDA .
ING, GIVING OR SHOWING ANY VIONROE:
BOOK, MAGAZINE, PERIODCIAL,
PAMPHLET, NEWSPAPER; COMIC • .
•
BOOK,-OR STORY PAPER, CON- i
TAINING CERTAIN TYPES OF OB- ;undersigned authority personally appeared Randy Erickson, who on oath
SCENE PICTORIAL ILLUSTRA-
TIONS, 'Advertising Manager of The Key West Citizen, a daily newspaper published
PROVIDING THAT THE
PROHIBITION DOES NOT APPLY ',Monroe County, Florida; that the attached copy of the advertisement, being
TO MATTERS.- PREEMPTED BY I
GENERAL LAW; PROVIDING FORM
PENALTIES; PROVIDING FOR I� 1 /�
SEVERABILITY; AtPROVIDING FOR r Of , of ,I noou j ,9I-)ll d;I, n -,V
REPEAL OF ALL ORDINANCES IN- U
"I
CONSISTENT HEREWITH; PRO- I .
( C
VIDING FOR INCORPORATION > •
INTO THE MONROE COUNTY,
CODE; ADA PROVIDING . EF court, waspublished in said newspaper in the
i FECTIVE DATE.. .
Pursuant to Section 2.86.0105, Flor- i I
ida Statutes, notice is given that if a I ) ! `)4. i im cutj, ` l q6 4
person decided to appeal,any deci-
sion made by the Board with respect
to any matter considered:at at such
, hearing or meeting, he will need a
record of the proceedings, and that, r says that the said The Key West Citizen is a newspaper published at Key
• forsuch purpose;he may need to en-
sure 'that a verbatim record of the. lonroe County, Florida, and that the said newspaper has heretofore been
proceedings is made, which record_
includes the testimony and evidence ablished in said Monroe County, Florida, each day (except Saturdays and
upon which the appeal .is to be and has been entered as second-class mail matter at the post office in
based. Ys)
Copies of the above-referenced ordi-' id Monroe County, Florida, for a period of 1 .year next preceding the first
nance are available for review at the •
various public libraries .in Monroe . he attached copy of advertisement; and affiant further says that he has
county,Florida. promised anyperson,firm orcor oration an discount, rebate, commission
Dated at Key West, Florida this 18th ;, P Y
day of April, 1994. • the purpose of securing this advertisement for publication in the said
•DANNY L.KOLHAGE
/f, Clerk of The Circuit Court
and ex officio Clerk of the
. Board of County Commissioners
of Monroe County,Florida
1 April 24, 1994
X4—
May 1, 1994 —
(Signature of Affiant)
subscribed •
before me this dayof G,_�/ , 1994.
Sworn to and i ."'—'1
,; I„ R.t f of-Notary Public)
:,. 41 .,, MY COMMISSION N CC 354124
SEAL �:j '
_ EXPIRES:March O,1998
',RFf;3"• Bonded Thn,Nntuy AsINlludrs
rotary Public)
•
Expires: o� •
Personally Known 4 or Produced Identification . /
Type of Identification Produced .
NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, May 17 , 1994 , at 10 : 00 A.M. at the Key Largo Library,
Key Largo , Florida, the Board of County Commissioners of Monroe
County, Florida, intends to consider the adoption of the
following County ordinance:
ORDINANCE NO. -1994
AN ORDINANCE PROVIDING FOR DEFINITIONS; PROHIBITING ANY
PERSON IN UNINCORPORATED MONROE COUNTY FROM POSSESSING,
LENDING, SELLING, GIVING OR SHOWING ANY BOOK, MAGAZINE,
PERIODICAL, PAMPHLET, NEWSPAPER, COMIC BOOK, OR STORY
PAPER, CONTAINING CERTAIN TYPES OF OBSCENE PICTORIAL
ILLUSTRATIONS; PROVIDING 'THAT THE PROHIBITION DOES NOT
APPLY TO MATTERS PREEMPTED BY GENERAL LAW; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERABILITY; 'PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION . INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
Pursuant to Section 286. 0105 , Florida Statutes , notice is
given that if a person decided to appeal any decision made by the
Board with respect to any matter considered at such hearings or
meetings , he will need a record of the proceedings , and that, for
such purpose, he may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based.
Copies of the above-referenced ordinance are available for
review at the various public libraries in Monroe County, Florida.
DATED at Key West , Florida, this 18th day of April , 1994.
DANNY L. KOLHAGE
, Clerk of the Circuit Court and
ex officio Clerk of the Board
" of County Commissioners of
Monroe County, Florida
(SEAL)
/
• ,
Commissioner Reich
ORDINANCE NO. -1994
AN ORDINANCE PROVIDING FOR DEFINITIONS ; PROHIBITING ANY
PERSON IN UNINCORPORATED MONROE COUNTY FROM POSSESSING,
LENDING, SELLING, GIVING OR SHOWING ANY BOOK, MAGAZINE,
PERIODICAL, PAMPHLET, NEWSPAPER, COMIC BOOK, OR STORY
PAPER, CONTAINING CERTAIN TYPES OF OBSCENE PICTORIAL
ILLUSTRATIONS ; PROVIDING THAT THE PROHIBITION DOES NOT
APPLY TO MATTERS PREEMPTED BY GENERAL LAW; PROVIDING
FOR PENALTIES ; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH;
PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY
CODE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
Section 1 . .Definitions
a) "Deviate sexual intercourse" has the meaning
set forth in Sec. 847 .001(2) , Florida Statutes .
b) "Nudity" has the meaning set forth in Sec.
847 . 001(5) , Florida Statutes .
c) "Person" includes individuals , firms , asso-
ciations , corporations , and all other groups and
combinations .
d) "Obscene" means the status of material which:
1 . The average person, applying
contemporary community standards , would find,
taken as a whole appeals to the prurient interest;
2. Depicts or describes, in a patently
offensive way... sexual-,conduct as specifically
defined herein; and
3 . Taken as a whole, lacks serious
literary, artistic, ;political, or scientific
value.
e) "Sadomasochistic abuse" has the meaning set
forth in Sec. 847 . 001(8) , Florida Statutes .
f) "Sexual battery" has the meaning set forth in
Sec. 847 . 001 (9) , Florida Statutes .
g) "Sexual bestiality" has the meaning set forth
in Sec. 847. 001(10) , Florida Statutes .
h) "Sexual conduct" has the meaning set forth in
Sec. 847 . 001 (11) , Florida Statutes .
i) "Sexual excitement" has the meaning set forth
in Sec. 847 .001(12) , Florida Statutes .
j ) "Simulated sexual conduct" means the de-
piction of the conduct described in subsection (h)
which creates the appearance of such conduct and which
exhibits nudity.
Section 2. Prohibition.
No person may lend, sell, possess, give, or show, any book,
magazine, periodical, pamphlet, newspaper, comic book, or story
paper, containing obscene pictorial illustrations of:
a) Deviate sexual intercourse;
b) Nudity;
c) Sadomasochistic abuse;
d) Sexual bestiality;
e) Sexual conduct; or
f) Simulated sexual conduct.
Section 3. Applicability.
This ordinance only applies in unincorporated Monroe County.
Section 4. General Law Preemption.
This ordinance does not apply to- matters excluded from
County regulation by Sec. 847.-09 , Fla. Stat.
Section 5 . Penalties .
a) Violations of this ordinance may be prosecuted in the
same manner as misdemeanors are prosecuted. The violations shall
be prosecuted in the name of the state in a court having juris-
diction of misdemeanors by the prosecuting attorney thereof and
upon conviction shall be punished by a fine not to exceed $500 or
by imprisonment not to exceed 60 days or by both such fine and
imprisonment.
b) Violations of this ordinance may also be prosecuted
through a citation issued by a code inspector under the proce-
dures of Sec. 125 . 69 (2) , Fla. Stat. , or Chap. 76-435, Laws o.f
Florida, and Sec. 2-15.5 , Monroe County Code.
c) Violations of this ordinance may also be prosecuted
before the County Code Enforcement Board under Chap. 162, Fla.
Stat. , and Chap. 6.3, Monroe County Code.
d) All penalties in this section are cumulative and
nonexclusive. Nothing in this section prevents the County from
enforcing this Ordinance through any other method, process , or
cause of action, that may be available under the laws of the
State of Florida.
Section 6. If any section, subsection, sentence, clause
or provision of this ordinance is held invalid, the remainder of
this ordinance shall not be affected by such invalidity.
Section '7. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed to the extent of
said conflict.
Section 8. The provisions of this ordinance shall be
included 'and incorporated in the Code of Ordinances of the County
of Monroe, Florida, a's an addition or amendment thereto, and
shall be appropriately renumbered to conform to the uniform
numbering system of the Code.
Section 9. A copy of this. ordinance must be filed with
the Secretary of State, State of Florida, but will not take
effect until approved by the Florida Department of Community
Affairs .
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the day of , A.D. , 1994.
Mayor London
Mayor Pro Tem Cheal
Commissioner Harvey
Commissioner Freeman
Commissioner Reich
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By By
Deputy. Clerk Mayor/Chairman
EFFECTIVE DATE .
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