[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]
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.
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.
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.
