Ord 215-38 ORDINANCE N0,~
AN ORDINANCE REGULATING THE SH~fING OF MOVING
PICTURES OR THE C01$UCTING OR PRESENTATION OF ANY
SHOW, THEATRICAL PERFORMANCE, VAUDEVILLE ACT OR
>iNTERTAI~ENT, ¥TITHIN THE CITY LIMITS, AND PROHIBIT-
ING Tt~E SHOWING OF ANY MOVING PICTURE, PRESENTATION
OF ANY SHOW, THEATRICAL PERFOR~iANCE, VAUDEVILLE ACT
OR ENTERTAINMENT, V~ICH IS IMMORAL, OBSCENE OR IN-
DECENT; PROVIDING FOR THE EXHIBITOR TO FIRST t~IIBIT
ANY MOTION PICTURE, THEATRICAL PERFOR~ANCE, VAUDe-
VILLE ACT OR ENTERTAINMENT, '~HEN REQUESTED, TO THE
CHIEF OF POLICE AND I~EMBERS OF THE CITY COUNCIL, TO
DETERMINE ~fHETHER SAID PICTURE, SHOW, THEATRICAL
PERFORMANCE, VAUDEVILLE ACT OR ENTERAINME~T IS
IR~MORAL, OBSCENE OR INDECENT; AND PROVIDING FOR A
PENALTY FOR THE VIOLATION THEREOF, AND DECLARING AN
~ERGENCY TO EXIST.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA:
SECTION 1o That it shall be unlawful and a violation of this
ordinance for any person to exhibit or show, within the City
Limits of the City of Delray Beach, Florida, any moving picture,
or to conduct or present any show, theatrical performance, vaude-
ville act or entertainment, which is immoral, obscene or
indecent or which, because of subject matter or treatment,
is deemed likely to arouse prejudices or passions detrimental
to morals orthe public welfare.
SECTION 2. That the Chief of Police shall have the right,
power and authority to require any person who advertises or
attempts to show any moving picture, theatrical performance,
vaudeville act or entertainment which appears from said
advertisements, or otherwise,, to be immoral, obscene or indecent,
to exhibit said moving picture, t.~eatrical performance, vaudeville
act or entertainment, to him, and to a m~jority of the members
of the City Council, before the same is shown by said person
to the public, and after seeing said moving picture, theatrical
performance, vaudeville act or entertainment if in the opinion
of said Chief of Police and a n~ority of the City Council,
said moving picture, show, theatrical performance, vaudeville
act or entertainment is found to be immoral, obscene or inSecent,
or which, because of subject matter or treatment, is deemed
likely to arouse prejudices or passions detrimental to morals
or the public welfare, the Chief of Police shall order said
perscn who has advertised or attempted to show said moving
picture, theatrical performance, vaudeville act or entertain-
ment, not to exhibit the same within the City Limits of the
City of Delray Beach, Florida.
SECTI(~N 3. That any person who attempts to exhibit a moving
pictures theatrical performance, vaudeville act or entertain-
ment which has been reviewed and censored, as provided in
Section 2 of this Ordinance, and who shall have been ordered
not to show said picture theatrical performance, vaudeville act or
entert~i~ment by the Chief of Police, then said person shall
be fined not to exceed One Hundred Dollars ($100.00), or
imprisoned not exceeding ninety (90) days, or both such fine and
imprisonE~ent, and the license of the person showing said
picture may be revoked and repealed, and he may not be ~llowed
to operate a moving picture or show business within the City
for a period of twelve months.
SECTION 4o That there is now advertised to be shown within
the City a moving picture which appears from certain advertise-
ments to be immoral, obscene and indecent, and that the same
is to be shown within three days, and for that reason an emergency
isdeemed to exist, and this ordinance is passed as an
emergency ordinance and shall take effect i~amediately upon
its passage and approval.
PASSED by the City Council of the City of Delray Beach, Florida,
at a special session of the Council, held on the 20th day of
April A.D. 1938.
-- ' City ~Clerk. ~