O-351-70 ORDINANCE NO. 351
AN ORDINANCE WITH RESPECT TO THE
DISTRIBUTION OF OBSCENE MATERIAL
OF ANY DESCRIPTION
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1. A person commits the offense of distribut-
ing obscene materials when he sells, lends, rents, leases, gives,
advertises, publishes, exhibits or otherwise disseminates to any person
any obscene material of any description, knowing the obscene nature there-
of, or who offers to do so, or who possesses such material with the intent
so to do.
Section 2. Material is obscene if considered as a whole,
applying community standards, its predominant appeal is to prurient
interest, that is, a shameful or morbid interest in nudity, sex or excretion,
and utterly without redeeming social value and if, in addition, it goes sub-
stantially beyond customary limits of candor in describing or representing
such matters. Undeveloped photographs, molds, printing plates and the
like shall be deemed obscene notwithstanding that processing or other
acts may be required to make the obscenity patent or to disseminate it.
Section 3. Material, not otherwise obscene, may be deemed
obscene under this section if the distribution thereof, or the offer to do so,
or the possession with the intent to do so is a commercial exploitation of
erotica solely for the sake of their prurient appeal.
Section 4, A person convicted of distributing obscene
material shall for the first offense be punished as for a misdemeanor, and
for any subsequent offense shall be punished by imprisonment for not less
than one nor more than sixty days, or by a fine not to exceed $500. 00 or
both.
Section 5. All ordinances or parts of ordinances in
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conflict herewith are hereby repealed.
Section 6. This ordinance shall take effect immediately
upon passage.
PASSED and ADOPTED this 22nd day of September, 1970.
Mayor
ATTEST:
Village Clerk
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