O-313-63 ORDINANCE NO. 313
AN ORDINANCE TO REQUIRE THE HONEST LABELING
OF COMMUNIST GOODS; PROVIDING A PENALTY FOR
KNOWING VIOLATION; PROVIDING SEPARABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1. Findings of Fact and Public Policy:
The Village Council finds as a matter of fact and of
public policy that the communist dictatorship is a vicious, atheistic, criminal
conspiracy which has long waged war on the Free World, including the United
States, the sovereign State of Florida, and the Village of Miami Shores; that
this war is waged by military, political, psychological, and economic means;
that the communist war aims at the total destruction of our free, Judaic-
Christian, tolerant, Constitutional way of life based on limited government,
the rule of law, bill of rights, and free enterprise, which has brought the
greatest prosperity, freedom, happiness, progress, and spiritual blessings
enjoyed anywhere in the world; and that it is the right, duty, and obligation
of all Americans, including the Village officials of Miami Shores, under the
State and Federal Constitutions, to take a positive stand to defend America
and defeat the enemy; that economic warfare, penetration, and subversion
are financed by the sale of communist imported goods, some of which are
produced under cruel and brutal conditions of slave and convict labor and
unfairly compete with American labor in violation of Federal law; that such
goods are often labeled in a false, misleading, or inadequate manner to hide
their communist origin and deceive buyers who would in many cases refuse
to buy them; that such goods have come to rest and enter into intrastate and
local commerce in retail trade; and that it is necessary under the basic
powers of defense, and under the police powers, to promote the public welfare,
convenience, and necessity, and under other powers of government, that the
Village require all persons selling said products clearly and honestly to show
the source and origin of such communist produced or processed goods; and
that this practice will aid and assist in the enforcement of Federal customs
laws, and allow those Americans who wish to buy communist goods to locate
such goods for purchase.
Section 2. Definitions:
(a) "Communist goods" shall mean all goods, wares,
publications.' printed matter, or merchandise, offered for sale at wholesale
or retail, which are wholly or partly manufactured, produced,grown, or
processed in communist countries.
(b) "Communist countries" shall be any countries
which operate under the Marxist socialist revolutionary theory of govern-
ment, and shall include the following countries: the Union of Soviet Socialist
Republics, Communist China, Czeckoslavakia, Yugoslavia, Poland, Hungary,
Cuba, Lithuania, East Germany, Bulgaria, Romania, Albania, North Korea,
North Viet Nam, Estonia, Latvia, and Mongolia.
Section 3. Labels - Signs:
Each person who knowingly offers for sale communist
goods shall tag or label prominently all such goods exhibited for sale. Each
tag or label shall contain in easily discernible letters of not less than eight
(8) point type the words "Communist Import.
Section 4. Advertising:
No person shall knowingly offer for sale, advertise,
call attention to, or give publicity to the sale of any communist goods in any
newspaper, magazine, circular, form letter or any publication, published,
distributed or circulated in this Village, or on any billboard, card, label
or other advertising medium, or by means of any other advertising device,
unless there be conspicuously displayed directly in connection with the
name and description of such merchandise and each specified article, unit
or part thereof so advertised is a communist import.
Section 5. "Good Faith" Exemption:
This ordinance shall not apply to any visual or
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sound radio broadcasting station or to any publisher or printer of a news-
paper, magazine, or other form of printed advertising, who broadcasts,
publishes, or prints such advertisement in good faith, without knowledge
that communist goods are being advertised.
Section 6. Separability of Provisions:
Each section and each part of each section of this
ordinance is hereby declared to be an independent section or part of a section,
and, notwithstanding any other evidence of legislative intent, it is hereby
declared to be the controlling legislative intent that if any such section or
part of a section, or any provision thereof, or the application thereof to any
person or circumstances, is held to be invalid, the remaining sections or
parts of sections and the application of such provision to any other person or
circumstances, other than those as to which it is held invalid, shall not be
affected thereby, and it is hereby declared to be the legislative intent that
these sections or parts of sections would have been adopted independently of
such sections or parts of a section so held to be invalid.
Section 7. Penalties:
Whoever violates this ordinance shall be fined not
more than Twenty-five Dollars ($25. 00) or imprisoned for not more than
ten (10) days, or both. Any such violation shall constitute a separate
offense on each successive day continued.
Section 8. This ordinance shall take effect immediately upon
its passage.
PASSED and ADOPTED this - 17th - day of September, 1963.
Ma�6-r
ATTEST:
A
Village Clerk
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