[HISTORY: Articles I through II adopted by the Commissioners
of the Town of Aberdeen (now Mayor and Council of the City of Aberdeen)
as indicated in article histories. Subsequent articles adopted by
the Mayor and Council of the City of Aberdeen as indicated in article
histories. Amendments noted where applicable.]
[Adopted 10-18-1976 by Ord. No. 241 (Ch. 103, Art. I of the
1990 Code)]
This article may be referred to or cited as the "Aberdeen Public
Lewdness Ordinance."
The Mayor and Council have determined that the health, safety,
morals and welfare of the community are in danger from an increase
in the occurrence of activities constituting lewdness or obscenity
contrary to accepted community standards and that only by the enactment
of local legislation can an unhealthy and detrimental trend be halted
and reversed.
A.Â
Words or phrases in this article not defined hereunder shall have
their ordinary and common meanings, unless the context requires another
connotation.
B.Â
DEPICT
DISPLAY
ELIMINATIVE ACTIVITY
LEWDNESS
OBSCENE MANNER
PAY
PLACE OF PUBLIC ACCESS
PRIVATE PARTS
PUBLIC PLACE
SEXUAL ACTIVITY
SIMULATED
UNWILLING WITNESS
(1)Â
(2)Â
For the purposes of this article, the following words and phrases
shall have the meanings stated, unless otherwise modified:
Exhibit or show by film picture, photograph, electronic reproduction,
model or pictorial advertisement or poster. It shall not include situations
where the offending material cannot be observed without first opening
a cover or removing it from cover, when the nature of the covered
material would be apparent to a reasonable adult.
To put in view, whether openly or under transparent or translucent
cover permitting unmistakable discernment of the object covered.
Urination or defecation.
Obscenity or indecency with respect to erotic, sexual or
eliminative activity.
Conduct or depiction of an erotic, sexual or eliminative
activity or thing which would constitute lewdness.
Money, property or other valuable consideration or compensation.
Any publicly owned building, any church, meeting hall or
lodge hall, any place in which the public can be expected to enter
without first requesting admission or obtaining an invitation or any
place of business or club requiring a trader's or liquor license
to operate or charging an admission or cover charge. It shall not
include rest room facilities, sleeping quarters, changing rooms, medical
examining rooms or any private quarters in such places to which the
public or patrons would not be expected to enter without first requesting
admission or receiving an invitation, nor shall it include any assembly
rooms not open to the public of a private organization which is tax
exempt under the Internal Revenue Code.
Human genitalia, pubic hair, anuses, clefts of the buttocks
or female breast distal to and including the areola.
Any place within the corporate limits of Aberdeen, whether
on or over public or private lands, in which an activity or thing
may be viewed by the unaided human eye or heard by the unaided human
ear from a public street or way or from any nearby property by a person
occupying or traversing such street, way or property in an ordinary
and usual fashion. It specifically shall include any part of private
property which is open to such public view through a window, door
or otherwise.
Sexual or anal intercourse, masturbation, fellatio, cunnilingus
or the fondling of the buttocks, anus, breast or genitalia of oneself
or another or sexual stimulation by means of contact with animals
or inanimate objects. The fact that bodily parts are covered by clothing
or otherwise shall not be held to exclude an activity from this definition,
where it is clear that sexual stimulation is intended.
The representation of an activity by mimicry, gesture or
bodily movement in a manner that would clearly and unmistakably convey
to a reasonable adult that such activity is intended to be represented
thereby. The fact that bodily parts are covered by clothing or otherwise
shall not prevent any activity from being held to have been simulated
because the activity itself requires the absence or removal of such
covering.
A person of 18 years of age and upwards, lawfully and properly
present in a place, who would not reasonably expect to encounter,
hear or observe the activity or thing in question in that place, without
having first consented thereto.
Any person under the age of 18 years lawfully and properly present
in a place where a reasonable adult would not reasonably expect to
encounter, hear or observe the activity or thing in question in that
place, without having first consented thereto, regardless of whether
such person has consented, except that a person under the age of 18
years shall not be considered an unwilling witness where the activity
in question is personally performed in his or her presence and with
his or her consent by a person of an age not exceeding by four years
the age of the witness. No person under the age of three years or
no person living in the same household as or the child, stepchild
or ward of an accused person shall be held to be an unwilling witness.
No person shall knowingly or intentionally engage in or direct
another person in his employ or under his direction, supervision or
control, including children or wards, to engage in any actual or simulated
sexual or eliminative activity or the display of his or her private
parts or the depiction of actual or simulated sexual or eliminative
activity or of private parts in an obscene manner in a public place
or place of public access or in any place, private or public, for
pay or in the presence of or to an unwilling witness.
[Amended 4-9-1990 by Ord. No. 358-90]
A violation of this article is deemed to be a misdemeanor. Any
person who violates any provision of this article shall, upon conviction
thereof, be subject to a fine not to exceed $1,000 or imprisonment
for a term of not to exceed six months, or both. Each twenty-four-hour
period in which a violation occurs shall constitute a separate offense.
[Adopted 11-28-1977 by Ord. No. 248 (Ch. 103, Art. II of the
1990 Code)]
For the purposes of this article, the following terms shall
have the meanings indicated:
One which the average person, applying contemporary community
standards, would find, taken as a whole, appeals to the prurient interest
and which, taken as a whole, lacks serious literary, artistic, political
or scientific value and where, in a patently offensive way, it conveys
to the observer sexual conduct:
As specifically defined in any statute of Maryland proscribing
obscenity or obscene performances; or
As specifically defined as follows, whether actual or simulated:
sexual or anal intercourse, masturbation, fellatio, cunnilingus or
the fondling of the buttocks, anus, breasts or genitalia of oneself
or another or sexual stimulation by means of contact with animals
or inanimate objects or urination or defecation.
The representation of an activity by mimicry, gesture or
bodily movement in a manner that would clearly and unmistakably convey
to an average adult that such activity is intended to be represented
thereby.
Any person who, as actor, dancer, owner, manager, producer,
director or agent or in any other capacity, prepares, gives, directs,
presents, performs or participates in any obscene performance, exhibition,
drama, play, show, dancing exhibition, tableau or entertainment in
which live persons perform or participate in an obscene manner in
the presence of any other person or persons who have paid a consideration
of any type whatsoever to observe the exhibition or performance and
every owner, lessee or manager of any theater, garden, building, room,
place or structure who knowingly permits the same to be used for the
purpose of any such exhibition as enumerated in this section or who
assents to its use for any such purpose shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined or imprisoned as provided
hereafter.
[Amended 8-8-1983; 4-9-1990 by Ord. No. 358-90]
A violation of this article is deemed to be a misdemeanor. Any
person who violates any provision of this article shall, upon conviction
thereof, be subject to a fine not to exceed $1,000 or imprisonment
for a term of not to exceed six months, or both. Each twenty-four-hour
period in which a violation occurs shall constitute a separate offense.[1]
[1]
Editor's Note: Former Art. III, Fortune-Telling, adopted by the Commissioners of the Town of Aberdeen (now Mayor and Council of the City of Aberdeen) 1-22-1979 by Ord. No. 261 (Ch. 103, Art. III of the 1990 Code), as amended, was repealed 2-14-2011 by Ord. No. 11-O-01; see now § 235-39.1, Fortune-telling.