As used in this chapter, the following terms
shall have the meanings indicated:
AVERAGE OBSERVER
The average, ordinary adult person applying contemporary
community standards.
PATENTLY OFFENSIVE SEXUAL PERFORMANCE OR MATERIAL
A live performance, play, show, exhibition, tableau, entertainment,
portrayal, characterization, presentation, or production, or a book,
magazine, CD, audio, video, DVD, tape, e-mail, photograph, or other
graphic display which the average observer would find:
[Amended 5-3-2010 by Ord. No. 915]
A.
Taken as a whole, appeals to the prurient interest:
and
B.
Taken in its entirety, lacks serious literary,
artistic, political or scientific value; and
C.
Portrays, characterizes, depicts or constitutes
any of the following behavior:
(1)
Sexual intercourse, anal intercourse, masturbation,
flagellation, fellatio, cunnilingus, sodomy, or beastiality; or
(2)
Fondling or touching of the buttocks, anus,
breasts or genitalia; or
(3)
Sexual stimulation by means of contact with
animals, inanimate objects or artificial devices; or
(4)
Urination, defecation, or excretion.
[Amended 5-3-2010 by Ord. No. 915]
A. It shall be
unlawful for any person to participate or assist in the preparation,
direction, execution, presentation, performance or the sale, transmission,
or rental of material containing or reflecting a patently offensive
sexual performance in an area to which the public is invited or in
a public area.
B. It shall be
unlawful for every owner, lessee, or manager of any theater, garden,
building, room, place, structure or other area to which the public
is invited to permit any patently offensive sexual performance or
material to occur or be sold, transmitted, or rented thereon.
[Amended 5-3-2010 by Ord. No. 915]
Any persons convicted of committing any unlawful
act as provided in this chapter shall be guilty of a misdemeanor.
If any unlawful act is continuing, then each day during which such
violation continues shall be considered a separate offense. In addition
to any criminal penalty which may be imposed, all the provisions of
this chapter may be enforced by petition for injunction filed on behalf
of the Mayor and City Council of Havre de Grace or by other remedies
provided by the City Code.