Town of Boothbay Harbor, ME
Lincoln County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Boothbay Harbor: Art. I, 6-6-1977 as STM Art. 3 (Art. 16 of the 1958 Ordinances); Art. II, 6-6-1977 as STM Art. 4 (Art. 17 of the 1958 Ordinances). Amendments noted where applicable.]
[Adopted 6-6-1977 as STM Art. 3 (Art. 16 of the 1958 Ordinances)]

§ 67-1 Purpose.

The purpose of this Article is to regulate nudity as a form of commercial exploitation and to regulate dress as a form of conduct and not to impede the free exchange and expression of ideas. The conduct regulated is that which the Town Meeting and Board of Selectmen in public meetings have clearly found to be offensive to the general welfare, public safety, order and morals of the Town of Boothbay Harbor and its citizens.

§ 67-2 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
EXPOSE or EXPOSED
Unclothed or uncostumed or not covered by a fully opaque material.
MOVIE THEATER
A building, room, hall or other place whose primary function is to present movies or motion pictures and which has a permanent movie screen and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of said screen; or an open-air or drive-in movie having a permanently affixed movie screen and permanently affixed devices for broadcasting the soundtracks of movies or motion pictures inside of the patrons' vehicles.
SALESPERSON, WAITER, WAITRESS and ENTERTAINER
A person shall be deemed a "salesperson," "waiter," "waitress" or "entertainer" if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

§ 67-3 Prohibited acts.

A. 
It shall be unlawful for a person, who while acting as a salesperson, waiter, waitress, entertainer or in any other capacity as an owner, manager, or employee in a business subject to license in the Town of Boothbay Harbor, and including any restaurant, hotel, motel, club and place selling spiritous and vinous liquor or malt liquor to be consumed on the premises, to expose his or her genitals, pubic hair, buttocks, perineum or anus; or to expose any portion of the female breasts at or below the areola thereof.
B. 
It shall be unlawful for a person to cause, permit, procure, counsel or assist any person to expose himself or herself as prohibited by § 67-3A of this Article.

§ 67-4 Exceptions.

Sections 67-3A and B of this Article do not apply to a movie theater or similar establishment which is primarily devoted to the presentation of movies.[1]
[1]
Editor's Note: Original Subsection B of this section, regarding applicability to acts authorized by statute, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 67-5 Violations and penalties; abatement of nuisance.

A. 
Any act made unlawful by this Article and any violation of this Article shall be punishable by a fine as set forth in Chapter 1, Article II, General Penalty, of this Code. Each day that such unlawful act or violation continues shall be considered a separate offense.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
In addition to any other penalty provided by the law, the commission of acts prohibited by this Article shall constitute a nuisance and may be abated by the town seeking an injunction to prohibit further and continued violation thereof.
[Adopted 6-6-1977 as STM Art. 4 (Art. 17 of the 1958 Ordinances)]

§ 67-6 Purpose.

The purpose of this Article is to prohibit obscene movies and not to impede the free exchange and expression of ideas. Such movies are what the Town Meeting and Board of Selectmen in public meetings have clearly found to be offensive to the general welfare, public safety, order and morals of the Town of Boothbay Harbor and its citizens.

§ 67-7 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
A. 
It is "obscene", for the purposes of this Article, when, to the average person applying contemporary community standards of this town, the dominant theme of the material taken as a whole appeals to the prurient interest, that is:
(1) 
The dominant theme of the material taken as a whole appeals to a prurient interest in sex.
(2) 
The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual acts.
(3) 
The material is utterly without redeeming social value.
B. 
Such material shall include patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibitions of the genitals and shameful or morbid interest in nudity, sex or excretion.

§ 67-8 Prohibited acts.

It shall be unlawful and a person shall commit obscenity when he sells, offers or attempts to sell, distributes, gives away, offers to or attempts to give away, prints or publishes an obscene photograph, motion picture, filmstrip or slide.

§ 67-9 Violations and penalties. [1]

An act made unlawful by this Article and any violation of this Article shall be punishable by a fine as set forth in Chapter 1, General Provisions, Article II, General Penalty, of this Code. Each day that such unlawful act or violation continues shall be considered a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.