Ordinance 011-1977
ORDINANCE NO.II -1977
AN ORDINANCE PROHIBITING PUBLIC DISPLAY OF NUDITY
AND SEXUAL ORGAN MATERIALS; PROVIDING PENALTIES
FOR VIOLATIONS OF THE PROVISIONS OF SAID ORDINANCE;
REPEALING ALL SPECIAL LAWS, ORDINANCES, RESOLUTIONS,
RULES AND REGULATIONS IN CONFLICT HEREWITH TO THE
EXTENT OF SAID CONFLICT; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA:
Section 1.
It shall be unlawful for a person to knowingly
display to open public view from the streets, sidewalks, or other
public areas in the unincorporated areas of Monroe County, Florida,
any magazine, periodical, pamphlet, newspaper, comic book, story,
paper, written or printed story or article, writing paper, card,
picture, drawing, photograph or motion picture film which depicts
human nudity and sexual organs.
Section lA.
Public Areas - Shall include but not be
limited to all areas within any business, store, buildings or
facility generally used or visited by the public, except duly
licensed enclosed movie theaters.
Section 2.
Should any person, firm or corporation, their
agents, servants or employees, violate the terms and provisions
of this Ordinance, such person, firm, or corporation shall be
prosecuted in accordance with the provisions of Chapter 125.69,
Florida Statutes, 1971 or any re-enactment thereof.
Section 3.
Should any section, paragraph, clause of pro-
vision of this Ordinance be declared unconstitutional and void by
a court of competent jurisdiction, such decision shall in no wise
affect the validity of the remaining parts save the part held un-
constitutional and void and is in separable from and indispensable
to the operation of the remaining part. The County Commission
hereby declares that it would have passed those parts which are
valid and would have omitted those parts which may be invalid had
Page 1 of 2 Pages
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it so known that such part or parts were void and unconstitutional
at the time of the passage of this Ordinance.
Section 4.
All Special Laws, Ordinances, Resolutions,
rules and regulations in conflict herewith are hereby repealed
to the extent of said conflict.
Section 5.
This Ordinance shall take effect upon receipt
of the official acknowledgment from the Department of State
acknowledging receipt of certified copy of this Ordinance and
that said Ordinance has been filed in said office.
Read and passed on first reading at a regular meeting held
, A.D. 1977.
Read and passed on second reading at a regular meeting held
, A.D. 1977,
Read and passed on final reading at a regular meeting held
July 26,
, A.D. 1977.
1 HEREBY CERTIFY that this documel't
i~::s been reviewed for legal suffl-
ciency and that the same meets vlith
;: appr:~~~L'
'County Attorney's Office
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~ttrtta11! af ~tatt
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
(904) 488-3918
BRUCE A. SMATHERS
SECRETARY OF STATE
August 1, 1977
Honorable Ralph W. White
Clerk of Circuit Court
Monroe County Courthouse
Key West, Florida 33040
Attention: Virginia Pinder, lliputy Clerk
Dear Mr. White:
Pursuant to the provisions of Section 125.66, Florida Statutes,
this will acknowledge your letter of July 29 and certified copies of
Monroe County Ordinance No. 77-11, which was received and flIed
in this office on August 1, 1977.
Kindest regards.
C72~~ /4:~~7)"
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