HomeMy WebLinkAboutR-82-05931
RESOLUTION NO,
A RESOLUTION SETTING FORTH THE INTENT OF
THE CITY COMMISSION TO ADOPT ORDINANCES
THAT 14OULD MAKE IT UNLAWFUL FOR ANY PERSON
OR CORPORATION USING OR MAXING USE OF THE
CABLE COMMUNICATIONS SYSTEM TO BROADCAST,
EXHIBIT, DISPLAY, OR SHOW WITHIN THE CITY
OF MIAMI ANY MATERIAL THAT IS OBSCENE OR
INDECENT AND FURTHER DEFINING THE TERMS
"OBSCENE MATERIAL" AND "INDECENT MATERIAL".
BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. It is the intent of the City Commission to adopt
ordinances that would make it unlawful for any person or corpora-
tion using or making use of the cable communications system to
broadcast, exhibit, display or show within the City of Miami
any material that is obscene or indecent.
Section 2. The City Commission, in adopting the above
ordinances, would use the following definitions:
A. Obscene material means:
Lewd, lascivious, filthy, offensive, or indecent within the
language of Florida Statute, Section 847.011 as construed and
interpreted by the Florida Supreme Court in Rhodes v. State,
283 So.2d 351 (Fla. 1973) because:
(a) The average person applying contemporary community
standards would find that when taken as a whole, said broadcast,
exhibition, display or showing, appeals to prurient interest; and
(b) Said broadcast, exhibition, display, or showing con-
tains patently offensive representations or descriptions of
ultimate sexual acts, normal or perverted, actual or simulated,
and/or patently offensive representations or descriptions of
masturbation, excretory functions, and lewd exhibition of the
genitals; and
CITY COMMISSION
MEO OF
JUN24 1982
w
(c) The broadcast, exhibiton, display, or showing, taken
as a whole, lacks serious literary, artistic, political or
scientific value.
B. indecent material meatia!
A representation or verbal description of a human sexual organ
or function that is patently offensive under contemporary com-
munity standards.
PASSED AND ADOPTED this 24 day of June , 1982.
Maurice A. Ferre
M A Y 0 R
A
iaP-H-IrG. ONGIE, CITY CLERK
ARED AND APPROVED BY:
r
SISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A AE RGE-F. KNOX, JR.
CITY ATTORNEY
-2-
82-5*%413-
Pi
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO: Mayor Maurice A. Perre and
Honorable Members of the
City Commission
F. June 23, 1982 FILE:
Straw Vote Elections on Cable
".`�JFrT TV Questions: Pornography
and Public Opinion Polling
FROM George C . Xnox, Jr. RrFrRF.� trS =
City Attorney
?-NCLCISURE: S
At the request of Mayor Perre this office has prepared
the attached resolutions which will serve as proper
vehicles to obtain the expression of the electorate on
the question of pornography as it relates to the cable
system within the city and on the issue of instantaneous
public opinion polling by cable TV viewers.
Due to the wording of the resolutions, no implementation
of prohibitory legislation will take place in the event
of their passage. Further action by the City Commission
will be necessary to implement both of the resolutions,
assuming voter approval takes place at the election of
September 7th.
Please note that the resolution calling for a referendum
_a on the pornography necessitates adoption of a resolution
of intent which is also attached hereto.
GFK/RFC/bbb
Enclosures
CC: City Manager
City Clerk ✓