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CODE ORDINANCES
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ORDINANCE NO. 146-C
AN ORDINANCE UNDER THE CODE OF ORDINANCES OF
THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, PRO-
HIBITING THE EXPOSURE OF CERTAIN MATERIALS TO -
MINORS; PROVIDING THAT CERTAIN MATERIALS FOR
SALE BE KEPT FROM THE VIEW OF MINORS; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE;
PROVIDING FOR PUBLICATION
THE CITY COUNCIL OF THE CITY OF CLERMONT HEREBY ORDAINS THAT:
SECTION 1. Definitions. As used in this section:
(a) "Minor" means any person under the age of seventeen years.
(b) "Nudity" means the showing of the human male or female
genitals, pubic area or buttocks with less than a full opaque covering, or the
showing of the female breast with less than a fully opaque covering of any portion
thereof below the top of the nipple, or the depiction of the covered male genitals
in a discernible turgid state.
(c) "Sexual conduct" means acts of masturbation, homosexuality,
sexua 1 intercourse, or phys i ca 1 contact wi th a person "s clothed or, unc 1 othed
genitals, public area, buttocks or, if such person be a female, breast.
(d) "Sexual excitement" means the condition of human male or fe-
male genitals when in a state of sexual stimulation or arousal.
(e) "Sado-masochi sti c abuse" means fl age 11 ati on or torture by or
upon a person clad in undergarments, a mask or bizarre costume, or the condition
of being fettered, bound or otherwise physically restrained on the part of one
so clothed.
(f) "Harmful to minors" means that qua 1 ity of any descri pti on or
representation, in whatever form, of nudity, sexual conduct, sexual excitement,
or sado-masochistic abuse, when it:
(1) predominantly appeals to the purient, shameful or morbid
interest of minors, and
(2) is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material for minors, and
(3) is utterly without redeeming social importance for minors.
(g) "Knowingly" means having general knowledge of, or reason to
know, or a belief or ground for belief which warrants further inspection or injury
of both.
(1) the character and content of any material described herein
which is reasonably susceptible of examination by the defendant, and
(2) the age of the minor, provided however, that an honest
mistake shall constitute an excuse from liability hereunder if the defendant
made a reasonable bona fide attempt to ascertain the true age of such minor.
SECTION 2. It shall be unlawful for any person knowingly to openly exhibit for
sale any picture, book, pamphlet, magazine, printed matter, photograph, drawing,
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CODE ORDINANCES
ORDINANCE NO. 146-C
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sculpture, motion picture film, or similar visual representation or image of
a person or portion of the human body which depicts nudity, sexual conduct or
sado-masochistic abuse and which is harmful to minors in a premises that is
open to the public and is accessible by minors.
SECTION 3. Any matter enumerated in Section 2. above which is held for public
sale shall be kept from the public view.
SECTION 4. A violation of any provision herein shan be punishable by a fine not
to exceed $500.00, or imprisonment for a period not to exceed 60 days, or both.
SECTION 5. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6. Should any section or part of this section be declared invalid by
any court of competent jurisdiction, such adjudications shall not apply or
affect any other provisions of this Ordinance, except to the extent that the entire
section or part of the section may be inseparable in meaning from the section
to which such holding shall apply.
SECTION 7.
become law
passage.
This Ordinance shall be published as provided by law and it shall
and shall take effect upon the date of its second reading and final
LAKE COUNTY,
First Reading this 11th day of May, A. D., 1976.
Second Reading this ~~day Of~, A. D., 1976
PASSED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLERMONT,
FLORIDA THIS ,s;>1b DAY OF ~ ' 1976
CITY OF CLERMONT
BY:
CLAUDE E. SMOAK, JR., MAYOR
LO~ 7v. ~
DOLORES W. CARROLL, CITY CLERK
Sì~
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(!J
CLAUDE E.
CERTIFICATE OF PUBLICATION
APPROVED by me this
day of
, 1976
No. 146-C was
I HEREBY CERTIFY that a certified
pub 1 i shed on the ~ 0 --r:;¿ day of
copy of the foregoing Ordinance
-may
, 1976, in a news-
paperof general circulation located within the City of Clermont, as required by
Florida Statutes 166.041 (3) (a), said date of publication being 14 days prior to
the Second Reading and Final Adoption of this Ordinance.
In ~PA) X). {;/iA~--'
~tðRES W. CARROLL, CITY CLERK
