[HISTORY: Adopted by the Board of Supervisors
of the County of Page 2-17-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 86, Obscenity, adopted 12-2-1986, as amended.
For purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Delivery in person, by mail, messenger or by any other means
by which obscene items as defined in this chapter may pass from one
person, firm or corporation to another.
Where it appears in this chapter, shall mean that which,
considered as a whole, has as its dominant theme or purpose an appeal
to the prurient interest in sex, that is a shameful or morbid interest
in nudity, sexual conduct, sexual excitement, excretory functions
or products thereof or sadomasochistic abuse, and which depicts, describes
or portrays sexual conduct in a patently offensive way, going substantially
beyond customary limits of candor in description or representation
of such matters, and which, taken as a whole, does not have serious
literary, artistic, political or scientific value.
Shall be deemed to include any of the following sexual conduct
or material when said conduct or material is depicted, described or
represented in a manner appealing predominantly to the prurient interest
in sex:
An act of sexual intercourse, normal or perverted,
actual or simulated, including genital-genital, anal-genital, or oral-genital
intercourse, whether between human beings or between a human being
and an animal.
Sadomasochistic abuse, meaning flagellation
or torture by or upon a person who is nude or clad in undergarments
or in a revealing costume or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
Masturbation, excretory functions and lewd exhibitions
of the genitals, including any explicit, close-up representation of
a human genital organ.
Physical contact or simulated physical contact
with the clothed or unclothed pubic areas or buttocks of a human male
or female, or the breasts of the female, whether alone or between
members of the same or opposite sex or between humans and animals
in an act of apparent sexual stimulation or gratification.
A device designed and marketed as useful primarily
for stimulation of the human genital organs.
Male or female genitals in a state of sexual
stimulation or arousal.
Any individual, partnership, firm, association, corporation
or other legal entity.
Any patently offensive material, as defined herein, shall
be deemed to go substantially beyond the customary limits of candor
prevailing in the County of Page, Virginia.
Obscene items shall include:
A.
Any obscene book;
B.
Any obscene leaflet, pamphlet, magazine, booklet,
picture, painting, bumper sticker, drawing, photograph, film, negative,
slide, motion picture, or videotape recording;
C.
Any obscene figure, object, article, instrument, novelty
device, or recording or transcription used or intended to be used
in disseminating any obscene song, ballad, words, or sounds; or
D.
Any obscene writing, picture or similar visual representation,
or sound recording, stored in an electronic or other medium retrievable
in a perceivable form.
A.
It shall be unlawful for any person knowingly to:
(1)
Prepare any obscene item for the purposes of sale
or distribution; or
(2)
Print, copy, manufacture, produce, or reproduce any
obscene item for purposes of sale or distribution; or
(3)
Publish, sell, rent, lend, transport in intrastate
commerce, or distribute or exhibit any obscene item, or offer to do
any of these things; or
(4)
Have in his possession with intent to sell, rent,
lend, transport, or distribute any obscene item. Possession in public
or in a public place of any obscene item as defined in this chapter
shall be deemed prima facie evidence of a violation of this section.
B.
For the purposes of this section, "distribute" shall
mean delivery in person, by mail, messenger or by any other means
by which obscene items as defined in this chapter may pass from one
person, firm or corporation to another.
It shall be unlawful for any person knowingly
to:
A.
Produce, promote, prepare, present, manage, direct,
carry on or participate in any obscene exhibitions or performances,
including the exhibition or performance of any obscene motion picture,
play, drama, show, entertainment, exposition, tableau or scene; provided
that no employee of any person or legal entity operating a theater,
garden, building, structure, room or place which presents such obscene
exhibition or performance shall be subject to prosecution under this
section if the employee is not the manager of the theater or an officer
of such entity, and has no financial interest in such theater other
than receiving salary and wages; or
B.
Own, lease or manage any theater, garden, building,
structure, room or place and lease, let, lend or permit such theater,
garden, building, structure, room or place to be used for the purpose
of presenting such obscene exhibition or performance or to fail to
post prominently therein the name and address of a person resident
in the locality who is the manager of such theater, garden, building,
structure, room or place.
It shall be unlawful for any person knowingly to prepare, print, publish, or circulate, or cause to be prepared, printed, published or circulated, any notice or advertisement of any obscene item proscribed in § 86-2, or of any obscene performance or exhibition proscribed in § 86-4, stating or indicating where such obscene item, exhibition, or performance may be purchased, obtained, seen or heard.
It shall be unlawful for any person knowingly to expose, place, display, post up, exhibit, paint, print, or mark, or cause to be exposed, placed, displayed, posted, exhibited, painted, printed or marked, in or on any building, structure, billboard, wall or fence, or on any street, or in or upon any public place, any placard, poster, banner, bill, writing, or picture which is obscene, or which advertises or promotes any obscene item proscribed in § 86-2 or any obscene exhibition or performance proscribed in § 86-4, or knowingly to permit the same to be displayed on property belonging to or controlled by him.
It shall be unlawful for any person, firm, association
or corporation, as a condition to any sale, allocation, consignment
or delivery for resale of any paper, magazine, book, periodical or
publication, to require that the purchaser or consignee receive for
resale any other article, book, or other publication which is obscene;
nor shall any person, firm, association or corporation deny or threaten
to deny any franchise or impose or threaten to impose any penalty,
financial or otherwise, by reason of the failure or refusal of any
person to accept such articles, books, or publications, or by reason
of the return thereof.
It shall be unlawful for any person knowingly
to hire, employ, use or permit any minor to do or assist in doing
any act or thing constituting an offense under this chapter.
Every person who knowingly: (1) photographs
himself or any other person, for purposes of preparing an obscene
film, photograph, negative, slide or motion picture for purposes of
sale or distribution; or (2) models, poses, acts, or otherwise assists
in the preparation of any obscene film, photograph, negative, slide
or motion picture for purposes of sale or distribution shall be guilty
of a Class 3 misdemeanor.
Nothing contained in this chapter shall be construed
to apply to:
A.
The purchase, distribution, exhibition, or loan of
any book, magazine, or other printed or manuscript material by any
library, school, or institution of higher learning, supported by public
appropriation.
B.
The purchase, distribution, exhibition, or loan of
any work of art by any museum of fine arts, school, or institution
of higher learning, supported by public appropriation.
C.
The exhibition or performance of any play, drama,
tableau, or motion picture by any theater, museum of fine arts, school
or institution of higher learning, supported by public appropriation.
It shall be unlawful for any person to exhibit
any trailer or preview of any motion picture which has a motion picture
industry rating which would not permit persons in the audience viewing
the feature motion picture to see the complete motion picture from
which the trailer or preview is taken. Persons violating the provisions
of this section shall be guilty of a Class 1 misdemeanor.
A.
It shall be unlawful for any person to knowingly and
intentionally videotape, photograph, or film any nonconsenting person
or create any videographic or still image record by any means whatsoever
of the nonconsenting person if (i) that person is totally nude, clad
in undergarments, or in a state of undress so as to expose the genitals,
pubic area, buttocks or female breast in a restroom, dressing room,
locker room, hotel room, motel room, tanning bed, tanning booth, bedroom
or other location; or (ii) the videotape, photograph, film or videographic
or still image record is created by placing the lens or image-gathering
component of the recording device in a position directly beneath or
between a person's legs for the purpose of capturing an image of the
person's intimate parts or undergarments covering those intimate parts
when the intimate parts or undergarments would not otherwise be visible
to the general public; and when the circumstances set forth in clause
(i) or (ii) are otherwise such that the person being videotaped, photographed,
filmed or otherwise recorded would have a reasonable expectation of
privacy.
B.
The provisions of this section shall not apply to
filming, videotaping or photographing or other still image or videographic
recording by (i) law-enforcement officers pursuant to a criminal investigation
which is otherwise lawful or (ii) correctional officials and local
or regional jail officials for security purposes or for investigations
of alleged misconduct involving a person committed to the Department
of Corrections or to a local or regional jail, or to any sound recording
of an oral conversation made as a result of any videotaping or filming
pursuant to Chapter 6 (§ 19.2-61 et seq.) of Title 19.2.
of the Code of Virginia.
Every person who intentionally makes an obscene
display or exposure of his person, or the private parts thereof, in
any public place, or in any place where others are present, or procures
another to so expose himself, shall be guilty of a Class 1 misdemeanor.
No person shall be deemed to be in violation of this section for breastfeeding
a child in any public place or any place where others are present.
Any person who, while in any public place where others are present, intending that he be seen by others, intentionally and obscenely, as defined in § 86-1, engages in actual or explicitly simulated acts enumerated in the definition of "patently offensive" in § 86-1, is guilty of a Class 1 misdemeanor.
If any person profanely curses or swears or
is intoxicated in public, whether such intoxication results from alcohol,
narcotic drugs or other intoxicant or drug of whatever nature, he
shall be deemed guilty of a Class 4 misdemeanor. In any area in which
there is located a court-approved detoxification center, a law-enforcement
officer may authorize the transportation, by police or otherwise,
of public inebriates to such detoxification center in lieu of arrest;
however, no person shall be involuntarily detained in such center.
