§ 15-40. Sale, display of, purchase for resale, etc., of obscene materials.

(a)

Prohibition. The commercial sale, offering for sale, display for sale, or purchase for resale, of obscene materials is prohibited in Cocoa Beach. "Obscene materials" are those which fit the definition of such materials in Florida Statutes Chapter 847.

(b)

Initiative against obscenity. Any person who, for evidentiary purposes, makes a purchase from a licensed Cocoa Beach commercial establishment of material he believes may be obscene, may deliver such material to the state attorney or Cocoa Beach Police Department with an affidavit of the circumstances of purchase. The police department shall serve as a conduit to transmit such material to the state attorney without alteration or amendment, in order not to intrude on the province of the grand jury or courts.

(Ord. No. 750, §§ 1, 2, 12-1-1983)

Editor's note

Sections 1 and 2 of Ord. No. 750, enacted Dec. 1, 1983, did not specifically amend this Code; hence, codification of the substantive provisions of said sections as § 15-40 is at the discretion of the editor.