Town of Wheatfield, NY Chapter 121 Obscene or Lewd Behavior

[HISTORY: Adopted by the Town Board of the Town of Wheatfield 7-6-1981 by L.L. No. 6-1981[1]. Amendments noted where applicable.]

GENERAL REFERENCES

Amusement devices — See Ch. 56.

Parks and recreation areas — See Ch. 123.

Zoning — See Ch. 200.

[1] Editor's Note: Former Ch. 49, Adult Uses, was retitled and amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 121-1 Purpose.

The purpose of this chapter is to prevent the exposure of the human body and to prevent promotion of the exposure of the human body when that exposure is done in an obscene or lewd manner.

§ 121-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BOTTOMLESS

Any manner of dress in which a person appears with less than completely and opaquely covered human genitals and/or pubic region.

LEWD or OBSCENE

As defined by the laws of the State of New York or the Penal Law of the State of New York.

PERSON

Any person, firm, partnership, corporation, association or legal representative acting individually or jointly.

SPECIFIED ANATOMICAL AREAS

A. Less than completely and opaquely covered human genitals, pubic region or female breast below a point immediately above the top of the areola.

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

A. Human genitals in a state of sexual stimulation or arousal.

B. Acts of human masturbation, sexual intercourse or sodomy.

C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

D. Acts of a nature involving the sexual touching of humans and animals.

TOPLESS

Any manner of dress in which a female appears with the breast region exposed below a point immediately above the top of the areola.

§ 121-3 Prohibited acts.

A. It shall be unlawful for persons to expose themselves at any time in a public place, and such conduct is prohibited whenever such exposure is done in an obscene or lewd manner.

B. A female is guilty of exposure when, in a public place, she appears clothed or costumed in such a manner that the portion of her breast below a point immediately above the top of the areola is not covered with a fully opaque covering. In addition, "female exposure" is also defined as conduct prohibited and set forth and defined in § 121-2 as bottomless, anatomical areas, specified sexual activities or topless. All such exposure is prohibited when done in an obscene or lewd manner.

C. A male is guilty of exposure when, in a public place, he appears or conducts himself as prohibited and set forth and defined in § 121-2 as bottomless, specified anatomical areas or specified sexual activity, and such conduct is done in an obscene or lewd manner.

§ 121-4 Unlawful to promote prohibited acts.

It shall be unlawful for a person to promote the obscene or lewd exposure of another person as provided in § 121-3 when that person knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where:

A. A female appears clothed or costumed in such a manner that the portion of her breast below the top of the areola is not covered with a fully opaque covering or a female appears or conducts herself as prohibited and set forth and defined in § 121-2 as bottomless, specified anatomical areas, specified sexual activities or topless.

B. A male appears or conducts himself as prohibited and set forth and defined in § 121-2 as bottomless, specified anatomical areas or specified sexual activity.

§ 121-5 Applicability to public performances.

The conduct prohibited in §§ 121-3 and 121-4 of this chapter shall be prohibited whether or not such person is entertaining or performing in a play, exhibition, show or entertainment and the conduct is obscene or lewd.

§ 121-6 Penalties for offenses.

A. Violation of this chapter is punishable by a fine of $250 or 15 days in jail, or both.

B. Each incidence of violation of this chapter shall be a separate offense.