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Home My WebLink AboutOrdinance 150 Nudity/Minors ORDINANCE NO. 151 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING SECTIONS 9-29 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA, MAKING IT A CRIMINAL OFFENSE TO SELL OR HAVE ON OPEN DISPLAY OR IN EASY ACCESS TO MINORS, NUDE MATERIALS OF ANY KIND; PROVIDING PENALTIES, SEVERA- BILITY AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs deems it to be in the public interest to restrict the sale or display of nude materials to minors, in that the sale or display of such materials to minors is a decision which must be made by the parents or guardians of minors, and WHEREAS, to have such materials on open display and within the easy access of minors does not allow a free choice by the parents or guardians of minors, and WHEREAS, it is the intent of this Ordinance to in no way prohibit the sale or access of such materials to persons 18 years of age of older. NOW, THEREFORE, the City of Winter Springs hereby Ordains: SECTION 1: The City of Winter Springs hereby creates Sections 9-29 of Chapter 9 of the Code of Ordinances of Winter Springs to read as follows: SECTION 9-29: A. Definitions. 1. Minor means any person under the age of 18 years of age or as such definition may be changed by State law. 2. Material means any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictora1 representation or any statue or other figure or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment or machines. 3. Person means any individual, firm, association, corporation or other legal entity. 4. Display and access means any display of any nude materials, whether said display is for sale or not, which would allow minors access thereto and the opportunity for minors to look at or read such materials, without being able to purchase the same. 5. Nude or nudity means the depiction of the human male and female genitals, pubic hair area, mammary glands, buttocks, perineum or anal region. B. It shall be unlawful for any person to disseminate or have on display and access to minors any materials depicting and describing explicit sexual conduct or nudity. C. Penalties. Any person who violates this Ordinance shall, upon conviction thereof be fined not less than $500.00 and no more than $1000.00 to exceed 60 days or both. SECTION 2: That all Ordinances or parts of Ordinances and imprisoned for a period not in conflict herewith shall be and the same are hereby repealed. SECTION 3: If any section or portion of section or subsection of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection or part of this Ordinance. SECTION 4: This Ordinance shall take effect immedi- ately upon its passage and adoption. PASSED AND ADOPTED this 25th day of April, 1977. FIRST READING April 11, 1977 SECOND READING April 23, 1977 CITY OF WINTER SPRINGS, FLORIDA BY Troy J. Piland MAYOR ATTEST: Mary T. Norton City Clerk -2- CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said City Council will hold a public hearing on Monday, April 11, 1977, at 7:30 p.m., or as soon thereafter as possible to consider an Ordinance entitled as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, CREATING SECTIONS 9-29 OF THE CODE OF ORDINANCES OF THE CITY OF WINTER SPRINGS, FLORIDA, MAKING IT A CRIMINAL OFFENSE, TO SELL OR HAVE ON OPEN DISPLAY OR IN EASY ACCESS TO MINORS, NUDE MATERIALS OF ANY KIND; PROVIDING PENALTIES, SEVERA- BILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the office of the City Clerk of the City of Winter Springs, Florida, for all persons desiring to examine same. All interested parties are invited to attend and be heard. THIS NOTICE is to be published in the Evening Herald, a newspaper of general circulation in said City, one (1) time at least fifteen (15) days prior to the time of the public hearing. DATED this 15th day of March, 1977. CITY OF WINTER SPRINGS, FLORIDA By: Mary T. Norton City Clerk GARY E. MASSEY, ESQUIRE Winter Park Federal Building 355 E. Semoran Boulevard Altamonte Springs, Florida 32701 Attorney for City Evening Herald An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned authority personally appeared",..,."".."".,.""". ,Ru,~~, ,F.." R.q':U.~\3,'1,.."..,.,."""."",.,.."..",., .who on oath says thashe is ,Of.n,G~, .~i,EjD,qg!3,J;'",."""...",., .of the EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a,..,., ,l,...e;g.q~, .r~p.ti,Gf3""",.""".""....",..." ,in the matter of .!\l9,~t,Gl? ,9!. ,P,l)p,U,c; . ,f-!I?,cn",i,I),g . ;rg;. . , .Cr.EH3.t iog. ,~act,i Cl.n~, .9:-:29, . , , . , . , . . ....,..."...,."..,..."...,.",..,"",..,..,',.....,' .in the, .Circui.t.." ,Court, was published in said newspaper in the issues of". . , , , . . . . . , , . , . , , . , , , . , , . , . , . . . , , , . .Ma.rc,h. 2.QJ. ,l.~7.7..",...",.",.".",... ....................................... . Affiant further says that the said EVENING HERALD is a newspaper published by The Sanford Herald, Inc" at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, and has been entered as second class mail matter at the post office in Sanford, in said Seminole County, 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 person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper, Sworn to and subscribed before me this ~+ ~,t, . , , . . . . . . . . . , . . . . . . . . . , . . . . .. day of ~19;r,GtJ.. ,., ....,... .".,. ... :.~>D, 19.77. .d-:2..L:L., '.'~". ~fr::.~':k~Y""", ,';~.', ..<-:--1"(,,-/ .,,~)7..!... )\l: ,(. LA..<~J ' (SEAl..) Notary Public Notary pubric, State of Florida at large. My Commi:ision Expires June 18, 1979 -:-_f ;~~ ...,1 ~>, f :'fll fl (:'RI OR ~iJ ~ ~. I l; ''''',' ~j<: iWal iiferk' "~rid' ~"mi ;~1>.1I i ,~atl ?;tHI tt1~ E ~er ~i Ii '~r ~ri 'AT .~~:'" ~"'., .~~ ~~. ~/I;. .'~lJnt ~or ~tam ,,'horney ~liSh:'M :i?E J85