HomeMy WebLinkAbout1978-33INDIAN RIVER COUNTY ORDINANCE NO., 78-33
AN ORDINANCE PROHIBITING THE EXPOSURE OF PRIVATE PARTS OR
FEMALE BREASTS IN AN ESTABLISHMENT IN WHICH ALCOHOLIC
BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE
PREMISES; PROHIBITING THE USE OF ANY DEVICE OR COVERING
WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN
ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED
FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING
ANY PERSON OWNING, MAINTAINING, OR OPERATING AN ESTABLISHMENT
AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR
CONSUMPTION ON THE PREMISES FROM SUFFERING OR PERMITTING
ON THE PREMISES OF SAID ESTABLISHMENT, THE EXPOSURE OF
PRIVATE PARTS OR FEMALE BREASTS OR THE USE OF ANY DEVICE
OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE
BREASTS; LEGISLATIVE AUTHORIZATION; PROVIDING FOR PENALTIES;
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, finds that there is a trend in the State of
Florida toward nude and semi-nude acts, exhibitions, and
entertainment, and toward the utilization of nude and semi-
nude female employees engaged in other services oriented aspects
of and by the commercial establishments subject hereto; and,
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, finds that the competitive commercial exploitation
of such nudity is adverse to the public's interest in the quality
of life, tone of commerce, and total community environment in
Indian River County; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY FLORIDA, finds that there is a direct relationship between
the semi-nude activities mentioned above, prohibited hereunder,
and more fully described hereinafter and an increase in criminal
activities, moral degradation and disturbances of the peace and
good order of the community, and further finds that the concurrency
of these activities is hazardous to the health and safety of those
persons in attendance, and tends to depreciate the value of
adjoining property and harm the economic welfare of the community
as a whole; and
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, finds that in order to preserve the public peace
4nd good order, and to safeguard the health, safety and welfare
of the community and the citizens thereof, it is necessary and
advisable to regulate And restrict the conduct of owners, opera-
tors, agents, employees, and patrons of the commercial establish-
ments subject hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COM-
MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. LEGISLATIVE AUTHORIZATION.
This Ordinance is adopted pursuant to Article VIII, Section 1,
under the State Constitution and Section 125.01(0) of the Florida
Statutes.
SECTION 2. PROHIBITION.
2.1 It shall be unlawful for any person maintaining, owning,
or operating a commercial establishment located within the unin-
corporated areas of Indian River County, Florida, at which alcoholic
beverages are offered for sale for consumption on the premises:
(A) To suffer or permit any female person, while on the
premises of said commercial establishment, to expose to the
public view that area of the human female breast at or below
the areola thereof.
(B) To suffer or permit any female person, while on the
premises of said commercial establishment, to employ any device
or covering which is intended to give the appearance of or
simulate such portions of the human female breast as described
in Section 2.1(A).
(C) To suffer or permit any person, while on the premises
of said commercial establishment, to expose to public view his
or her genitals, pubic areas, buttocks, anus, or anal cleft
or cleavage.
(D) To suffer or permit any person, while on the premises
of said commercial establishment, to employ any device or
covering which is intended to give the appearance of or
simulate the genitals, pubic area, buttocks, anus, anal
cleft or cleavage.
2.2 It shall be unlawful for any female person, while on
the premises of a commercial establishment located within the
unincorporated areas of Indian River County, Florida, at which
alcoholic beverages are -offered for sale for consumption on the
-2-
premises, to expose to public view that area of the human
female breast at or below the areola thereof, or to employ any
device or covering which is intended to give the appearance or
simulate such areas of the female breast as described herein.
2.3 It shall be unlawful for any person, while on the
premises of a commercial establishment located within the
unincorporated areas of Indian River County, Florida, at which
alcoholic beverages are offered for sale for consumption on the
premises, to expose to public view his or her genitals, pubic
area, buttocks, anus, or anal cleft or cleavage, or to employ
any device or covering which is intended to give the appearance
of or simulate the genitals, pubic area, buttocks, anus or
anal cleft or cleavage.
SECTION 3. PENALTIES.
Any person who shall violate any Section of this Ordinance
shall be guilty of a misdemeanor punishable by a fine not to
exceed $500.00 or imprisonment in the County Jail not to exceed
sixty (60) days, or both.
SECTION 4. SEVERABILITY.
It is declared to be the Legislative intent that, if any
section, sub -section, sentence, clause or provision of this
Ordinance is held invalid, the remainder of the Ordinance shall
not be affected.
SECTION 5. EFFECTIVE DATE.
This Ordinance takes effect immediately upon receipt of the
official acknowledgment from the Office of the Secretary of State
of Florida this Ordinance has been filed with said office.
THIS ORDINANCE SHALL TAKE EFFECT NOVEMBER 6, 1978.
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT CO?Y OF
THF ORIGINAL O:d FILE IN THIS
OFFICE.
FRECA WRICHT; CLERK
BY
(� 1(k D.C.
DATE