[HISTORY: Adopted by the Town of Palmer 5-23-1994 ATM by Art. 33 (Ch. 127, Art. III, of
the 2007 Code). Amendments noted where applicable.]
For the purposes of this chapter, the following words shall
have the following meanings:
To import, publish, produce, print, manufacture, distribute,
sell, lease, exhibit or display.
Is obscene or, if taken as a whole, it:
Describes or represents nudity, sexual conduct or sexual excitement,
so as to appeal predominantly to the prurient interest of minors.
Is patently contrary to prevailing standards of adults in the
county where the offense was committed as to suitable material for
such minors.
Lacks serious literary, artistic, political or scientific value
for minors.
A general awareness of the character of the matter.
A state of mind in which the sexual gratification or arousal
of any person is an objective. For the purposes of prosecution under
this chapter, proof of lascivious intent may include but shall not
be limited to the following:
Whether the circumstances include sexual behavior, sexual relations,
infamous conduct of a lustful or obscene nature, deviation from accepted
customs and manners or sexually oriented displays.
Whether the focal point of a visual depiction is the child's
genitalia, pubic area or breast area of a female child.
Whether the setting or pose of a visual depiction is generally
associated with sexual activity.
Whether the child is depicted in an unnatural pose or inappropriate
attire, considering the child's age.
Whether the depiction denotes sexual suggestiveness or a willingness
to engage in sexual activity.
Whether the depiction is of a child engaging in or being engaged
in sexual conduct, including but not limited to sexual intercourse,
unnatural sexual intercourse, bestiality, masturbation, sadomasochistic
behavior, or lewd exhibition of the genitals.
Any printed material, visual representation, live performance
or sound recording, including but not limited to books, magazines,
motion-picture films, pamphlets, phonographic records, pictures, photographs,
figures, statues, plays, dances.
A person under 18 years of age.
Uncovered or less than opaquely covered human genitals, pubic
areas, the human female breast below a point immediately above the
top of the areola or the covered male genitals in a discernibly turgid
state. For purposes of this definition, a female breast is considered
uncovered if the nipple or areola only is covered.
If taken as a whole, matter:
Any play, dance, exhibit or such similar activity performed
before one or more persons.
Human masturbation, sexual intercourse, actual or simulated,
normal or perverted, any lewd exhibitions of the genitals, flagellation
or torture in the context of a sexual relationship, any lewd touching
of the genitals, pubic areas or buttocks of the human male or female,
or the breast of the female, whether alone or between members of the
same or opposite sex or between humans and animals, any depiction
or representation of excretory functions in the context of a sexual
relationship. Sexual intercourse is simulated when it depicts explicit
sexual intercourse which gives the appearance of the consummation
of sexual intercourse, normal or perverted.
The condition of human male or female genitals or the breasts
of the female while in a state of sexual stimulation or the sensual
experiences of humans engaging in or witnessing sexual conduct or
nudity.
Material(s) as used in reference to adult retail businesses
or adult theaters or to special permits issued to operate them means
visual or audio materials such as posters, pictures, books, book jackets
or covers, magazines, videotape boxes or covers, photographs, films,
graphic matter or any similar printed or recorded matter which depicts
nudity, sexual conduct or sexual excitement as these terms are defined
in MGL c. 272, § 31.
Any motion-picture film, picture, photograph, videotape,
any book, magazine or pamphlet that contains pictures, photographs
or similar visual representations or reproductions. Undeveloped photographs,
pictures, motion-picture films, videotapes and similar visual representations
or reproductions may be visual materials, notwithstanding that processing,
development or similar acts may be required to make the contents thereof
apparent.
No person shall disseminate any matter harmful to minors, knowing
it to be harmful to minors, or have in his possession any such matter
with the intent to disseminate it to minors.
The owner and/or manager of any store, business, retail establishment,
convenience store or other forum open to the public displaying or
selling matter harmful to minors or matter designed with lascivious
intent shall display, organize, arrange, publicize and make available
such material in such a manner as to prevent minors from seeing or
observing it, either by covering it, segregating it in portions of
the premises accessible only to adults or by any other means reasonably
designed to prevent minors from seeing or observing such material.
A.Â
Criminal
complaint. Whoever violates any of the provisions of this chapter
may be penalized by indictment or on complaint brought in the District
Court. Except as may otherwise be provided by law, and as the District
Court may see fit to impose, the maximum penalty for any violation
of these provisions shall be $300 for each offense. Each day on which
a violation exists shall be deemed to be a separate offense; or
B.Â
Noncriminal
disposition. Whoever violates any provision of this article may be
penalized by a noncriminal disposition as provided in MGL c. 40, § 21D
and may be punished by a noncriminal fine of $50 for the first offense,
$100 for the second offense, and $200 for the third and subsequent
offenses. Each day a violation continues shall constitute a separate
offense.
[Amended 7-11-2007 by Ord. No. 2007-12]
A.Â
It is the
intent of the Town of Palmer to prohibit certain behaviors and conduct
as set forth in this chapter, consistent with the Constitution of
the United States and the Commonwealth of Massachusetts and the statutory
provisions of the Commonwealth of Massachusetts, and to regulate the
matters herein regulated to the maximum extent consistent with the
First Amendment. Any ambiguity, vagueness or doubt in interpreting
or construing any section, word or provision shall be resolved to
be consistent with this intent.
B.Â
If any one
section or point of this article is declared void, invalid or unconstitutional,
it is the Town of Palmer's intent that the remaining sections or parts
shall not thereby be rendered invalid or void. It is the intention
of the Town of Palmer that each section, provision or requirement
of any section shall be considered separable so that the invalidity
of any portion of this article shall not affect the enforceability
of any other portion.
