Ordinance 79-038ORDINANCE NO. 79- 38
AN ORDINANCE PROHIBITING T~E SALE OF NARCOTIC-
RELATED PRINTED HATTER TO MINORS~ PROVIDING
FOR DEFINITIONS FOR THE TERMS USED HEREINj
PROVIDING FOR PENALTIES~ PROVIDING FOR SEVERANCE=
PROVIDING FORAN EFFECTIVE DATE.
~EREAS, the youth of this country, and this community, are
a precious, irreplaceable resource upon which the future of our
people totally depends; and
~EREAS, reasonable men could not disasree that ~he posses-
sion and use of controlled substances amonS our youth have
reached epidemic proportions and have had ser~us and t~rible
effects on ~ny of our children; and ~r.~- ~ ~- ~
~ER~S, exposure to minors of narcoCic-reil,%~d
~Cter as defined herein poses a sorious threa~~.}n~Chat '? :~ ' ~c~ a
material exerts strOh8 influence over ~he mind~ ~hildren who
are in =heir fo~=ive and impressionable yeari'and who are
adequately info~ed as to ~ha detrimental effects of con=rolled
subs=antes and =he i11eEal nature =hereof, theraby directly
preven=inE their 8row=h into free and independent, well-developed
men and womeni and
~AS, =ha false impressions of lesi=imacy and Eood
conveyed by ~hia ~=erial create a clear and present danEer
youn8 people by incitement =o violate ~ha druE laws of the
eta=e, which thouEh hOC persuasive or compellinE to =~
minds of adults, nevercheleaa create sCron8 and lasCi~ . ~s
upon ~he s:ill unloved ~nds of =he yo~E; and
~E~, reasonable men could no= disaEr~, ~haC ~h
ia an inci~emenC =o i~inenC lawless acCion in ~ha=
druEs amonE our youth is an onEoinE and con~inuous problem which
children /ace each and every day amonE their pears in schools,
recrea=ional areas and wherever children Ea=herl and furCher~
said material consCi=uCes Cha preparation, by ina=ruccion and
exhortation, of such children for =he viola:ion of said drub laws
and a aolici=a=ion of children for such i11eEal ac=ivicy for the
co~ercial bsnafic of proficeers In the narco=is trade l and
WHEREAS, adults may retain, after perusal of such material,
the ability to sort out reality from fiction and to discern
danger ~nd hyperbole, although children, by their nature, are not
expected by reasonable men to possess those faculties, thereby
nullify£n& the value of any period of refl~ction bctwccn the
exposure to such material and the commission of any illegal acts;
and
WHEREAS, it is recognized that the opinions and views
expressed in the printed matter may still be conveyed to minors
by their parents, guardians or adult friends, along with, it is
hoped, contrary and responsive information and views, it is
believed that this ordinance is truly regulatory in scope, as
opposed to being a.total prohibition against access to ideas and
speech of the type defined herein;
NOW, THEREFORE, BE IT ORDAINED BY T~E BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA as follows:
Section 1. For the purposes of this Ordinance, the followins
words or terms shall have the meaning respectfully ascribed to
them as follows:
A. Narcotic-Related Printed Matter: Shall mean any book
magazine, pamphlet, periodical, card or flyer which is intended
by the seller to disseminate information for one or more of the
followins purposes~
(1) To advocate or recommend the use or possession
of a controlled substance or substances when such use or
possession is in violation of the laws of the State of
Florida.
(2) To advertise, describe, explain, depict or display
any method by which a controlled substance or substances may
be obtained, produced or used when such method could reasonably
be expected to lead to the use or possession of such
controlled substance or substances in violation of the
laws of the State of Florida.
B. Controlled Substance: Shall mean any substance named or
described in Sections ! through V of S893.03 , Florida Statutes.
C. Minor: Shall mean any person under the age of 18 years.
D. ~al~: Shall mean to lend, give away, deliver, distri-
bute, exchange or transmit, with or w~thout cone~deration.
Section 2. It is unlawful £or any person to sell or offer
for sale any narcotic-related printed matter as herein defined,
to any minor.
Section 3. Presum, ptio~: The knowing possession by any
person of ten (10) or more identical or similar copies of any
narcotic-related printed matter as defined in this Ordinance
shall be prima facie evidence of a violation of this Ordinance.
Section 4. Any person who violates this Ordinance or any
provision thereof, or fails to comply therewith with any require-
ment thereof, or does anything prohibited herein, or does any act
declared unlawful by this Ordinance or any provision thereof,
shall upon conviction be punished as provided by law for the
violation of County ordinances.
Section 5. If any section, clause or provision of this
Ordinance be declared unconstitutional or held invalid, it shall
not affect any othe= section, clause or provision thereof, but
the same shall remain in full force and effect.
Section 6. This Ordinance shall become effective upon
receipt of notice that. it ia filed with the Secretary of S=ate.
Dated: June 12, 1979
,,' .,";:.;':.'WIL~.,~A~. REAGAN, ~lerk
~,: 2:':7 , ~ ~ .~ .
,,~, '.....,,..';./., ,
~un~ Attorney
This Ordinance filed ~ith the Secretary of State's office
the loth day of June, 1979 and ackn~ledgement of that filing
received this 21s~ day of ~une. 1979. _/~,
gOUNTY COMMISSIONERS
, FLORIDA
009
STAT~ OF FLORIDA )
COUNTY OY COLLIER )
I~ ITILLIAH J. REAOAN, Clark of Courts in and for the T~entieth
Judicial Circuit~ Collier Coun~y~ Florida~ do hereby certify that the
foregoing ia a true original oil
ORDINAIqCE NO. 79-38
vhich vas adopted by the Board o! County Co~lseioners during Regular
Session June 12~ 1979.
WITNESS my hand and the official seal of the Board of County
Co~lasioners o! Collier County~ Florida~ this 13~h day of June~ 1979.
~LL~ J.
Clark o~ Courts ~nd Clerk
lx-o~licio ~o Board o~,..~l,,,
Coun~ Co~lssion~r~:~/'~
Y/ '"~' ~..~ ~" ,~'
'. ~ ~.'.o." .~ ~
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