[HISTORY: Adopted by the Board of Trustees of the Village of 3-14-1989
as Ch. 89 of the 1989 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Anything tangible which is capable of being used or adapted to arouse
interest, whether through the medium of reading, observation, sound or in
any other manner.
Any material or performance is "obscene" if the average person, applying
contemporary community standards, would find that, considered as a whole,
its predominant appeal is to the prurient interest in sex; that it depicts
or describes in a patently offensive manner, actual or simulated, sexual intercourse,
sodomy, sexual bestiality, masturbation, sadism, masochism, excretion or lewd
exhibition of the genitals; and, considered as a whole, that it lacks serious
literary, artistic, political and scientific value. Predominant appeal shall
be judged with reference to ordinary adults unless it appears from the character
of the material or the circumstances of its dimension to be designed for children
or other specially susceptible audience.
Any play, motion picture, dance or other exhibition performed before
an audience.
To manufacture, issue, sell, give, provide, lend, mail, deliver,
transfer, transmute, publish, distribute, circulate, disseminate, present,
exhibit or advertise, or to offer or agree to do the same.
The explicit depiction or description of any of the types of conduct
set forth in the definition of "obscene" in this section, which creates the
appearance of such conduct.
To manufacture, issue, sell, provide, mail, deliver, transfer, transmute,
publish, distribute, circulate, disseminate or to offer or agree to do the
same for purpose of resale.
It shall be unlawful in the Village of Pittsford, New York, to promote
or possess with intent to promote any obscene material or to produce, present
or direct an obscene performance, or participate in a portion thereof, which
is obscene or which contributes to its obscenity or to wholesale promote or
possess with intent to wholesale promote any obscene material.
A.Â
Criminal penalty. Any person who violates any provision
of this chapter shall, upon conviction thereof, be subject to a fine not to
exceed $250 or to imprisonment for a term not to exceed 15 days, or both.
B.Â
Civil penalties; construal.
(1)Â
Obedience to the provisions set forth herein may be enforced by criminal information for the penalties herein prescribed, as well as by prosecution of the offender as provided in Subsection A of this section, or by civil action for a penalty or by civil remedy at law or equity by way of injunction or otherwise to abate or prevent a violation of the provisions of this chapter.
(2)Â
Neither a judgment in nor the pendency of a criminal
prosecution for an alleged violation of the provisions of this chapter nor
a judgment in or the pendency of a civil action of law or in equity shall
be a bar to the other form of proceeding.
(3)Â
The imposition of a penalty for a violation of this chapter
shall not excuse the violation or permit it to continue, and the remedies
herein provided for penalties and civil action to enjoin or abate a violation
shall be cumulative.
