[HISTORY: Adopted by the Board of County Commissioners of
Allegany County 3-5-1982 by Bill No. 1-82,[1] (Ch. 150 of the 1984 Code). Amendments noted
where applicable.]
[1]
Editor's Note: This bill further provided that it shall
take effect from the date of its passage.
The following terms shall have the meanings indicated hereafter:
Any room, place or space which is occupied or arranged to
be occupied for viewing motion pictures from an audience area, whether
indoors or outdoors, requiring occupancy or classification as determined
by the appropriate enforcement officer and for the places of public
assembly used for the purpose of exhibiting motion pictures upon a
screen generally visible to an audience. "Public assembly" or "assembly,"
where used herein, shall have the same or similar meaning as in other
code ordinances, rules and regulations of the County.
An individual, partnership, club, association or society
or any other organized group of persons, which shall include officers,
directors, shareholders and trustees of a club, corporation, society
or association.
Flagellation or torture by or upon a human being who is nude
or clad in undergarments or in revealing or bizarre costume or the
condition of one who is nude or so clothed and is being fettered,
bound or otherwise physically restrained.
Human masturbation, sexual intercourse, actual or simulated,
or any touching of the genitals, pubic areas or buttocks of the human
male or female or the breasts of the female, whether alone or between
members of the same sex or opposite sex or between humans or animals
in an act of apparent sexual stimulation or gratification.
It shall be unlawful for any person conducting, maintaining
or operating a motion-picture exhibition within the County of Allegany
to exhibit, suffer or permit to be exhibited any motion picture in
which any person is shown, depicted or revealed in any act of sexual
conduct or sadomasochistic abuse in any outdoor theater where the
screen is visible beyond the limits of the audience area to a person
under the age of 17 years or any other person within the confines
of their homes or any other person so that such motion picture may
be readily seen and its contents or character distinguished or perceived
by normal unaided vision by such person viewing it from beyond said
limits of the audience area.
Any person who shall violate any provision of this chapter shall
be guilty of an offense punishable by a fine not exceeding $1,000
or by imprisonment for a period not to exceed 15 days, or both. Each
day's continued violation or each such individual viewer shall
constitute a separate violation for the purpose of conferring jurisdiction.
