Town of Royalton, NY
Niagara County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Royalton as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-17-1979 by L.L. No. 1-1979]

§ 7-1 Prohibited conduct.

A. 
It shall be unlawful and it is hereby declared a public nuisance for any drive-in theater owner, manager, ticket seller, ticket taker, usher, motion-picture projection machine operator, or any other person connected with or employed by any drive-in theater in the Town of Royalton to knowingly exhibit, and/or assist in exhibiting, with knowledge of its character and content, any motion picture, show, or other presentation which:
(1) 
In whole or in part, depicts "nudity," sexual conduct," or "sadomasochistic abuse," and which is "harmful to minors" as such terms are defined in § 235.20 of the Penal Law of the State of New York, when such motion picture, show, or other presentation is visible from any public street, dwelling, or private residence wherein a person or persons under 17 years of age resides or reside; or
(2) 
In whole or in part, depicts "nudity," "sexual conduct," or "sadomasochistic abuse," as such terms are defined in § 245.10 of the Penal Law of the State of New York, and which predominantly appeals to prurient interest in sex, when such motion picture, show, or other presentation is visible from any public street, dwelling, or private residence.
B. 
Provided, however, that, to the extent that this article prohibits viewings from within private residences, it shall be an affirmative defense that all residents of all affected residences have consented to the showing of such presentations.

§ 7-2 Separate showings as separate violations.

Each separate showing of any such motion picture, show, or other presentation, whether on the same date or on separate dates, shall constitute a separate violation of this article.

§ 7-3 Penalties for offenses.

A. 
A violation of this article shall be a violation punishable by a fine to be fixed by the court not exceeding $250, or imprisonment for a term to be fixed by the court, not to exceed 15 days, or both such fine and imprisonment.
B. 
Notwithstanding the penalty provisions set forth in Subsection A, the Town Board may also maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of this article.