The purpose of this chapter is to prohibit any commercial enterprise
from presenting or engaging in any obscene exhibitions for profit.
It is not intended to suppress or inhibit the free exchange of ideas
or artistic expression. The Town Council has enacted this chapter
for the purposes of promoting and protecting the general welfare,
public safety, public order and morals.
As used in this chapter, the following words, terms and phrases
shall have the meanings ascribed to them in this section:
Any business, corporation, association or natural person,
established for pecuniary gain other than a theater.
To solicit, produce, direct, finance, physically participate
in, compensate others for, further the interest of, or be otherwise
involved with the proscribed conduct.
Any aural, visual or tactile performance, dramatization,
show or display which includes any amount of human, animal or animated
conduct, whether presented live or by way of mechanical reproduction,
sound recording, audiovisual cassette or tape, silhouette depiction
or by any other means.
Any conduct of a sexual nature, which:
To the average individual applying contemporary community standards,
considered as a whole, appeals to the prurient interest;
Presents in a patently offensive manner actual or simulated
ultimate sexual acts, sodomy, bestiality, excretory functions, masturbation,
direct physical stimulation of unclothed genitals, flagellation or
torture in context of ultimate sexual acts, exhibition of the human
male or female genitals, pubic area, buttocks or the female breast
below the top of the nipple; and
Considered as a whole, lacks serious literary, artistic, political
or scientific value.
To show, reveal, display or expose to any person.
Any building or hall designed primarily for showing motion pictures,
having a permanent movie screen and permanently fixed seats arranged
in such fashion as to allow spectators an unobstructed view of the
screen;
An open-air theater designed primarily for showing motion pictures,
having a permanent movie screen and permanent devices for broadcasting
movie soundtracks in motor vehicles; and
Any playhouse, hall or similar structure designed primarily
for legitimate artistic expression.
It is unlawful within the Town for any commercial enterprise
to:
This chapter is not intended to regulate any conduct expressly
regulated by existing state statute.
