(a) Any
person who shall violate any provision of this article shall be guilty
of a misdemeanor and upon conviction thereof shall be subject to a
fine not to exceed two hundred dollars ($200.00), and each offense
shall be deemed to be a separate violation and punishable as a separate
offense.
(b) If
it is shown on the trial of any person charged with violating any
provision of this article that the defendant has been once before
convicted of the same offense, he shall on a second conviction be
fined not less than fifty dollars ($50.00) and not to exceed two hundred
dollars ($200.00), and upon a third or any subsequent conviction for
the same offense be fined not less than one hundred dollars ($100.00)
and not to exceed two hundred dollars ($200.00).
(1959 Code, sec. 19-31; Ordinance 5729, sec. 1, adopted 8/28/1969; 1983 Code, sec. 3-143)
The act of any exhibitor continuing to exhibit motion picture
films in a manner contrary with this article after such exhibitor
has been convicted of as many as three (3) violations of this article
shall constitute a public nuisance, and application shall be made
to a court of competent jurisdiction for the abatement of such nuisance
by restraining the exhibitor from continuing such act.
(1959 Code, sec. 19-32; Ordinance 5729, sec. 1, adopted 8/28/1969; 1983 Code, sec. 3-144)
(a) Motion
pictures exhibited within the city shall carry a rating given to such
motion picture by the motion picture code and rating administration
of the Motion Picture Association of America. This rating system,
with its standards for production, titles and advertising, is hereby
adopted except as amended in this article. The review and rating of
all motion pictures, its advertising and title shall be administered
by the motion picture code and rating administration, unless otherwise
provided in this article.
(b) Exhibitors
may apply a more restrictive rating, such as “PG,” “PG-13,”
“R” or “NC-17” to any film exhibited by such
exhibitor whenever the exhibitor feels that the subject matter or
scenes in the film warrant such change. However, exhibitors shall
not place a less restrictive rating on any film.
(1959 Code, sec. 19-26; Ordinance 5729, sec. 1, adopted 8/28/1969; 1983 Code, sec. 3-145; Ordinance 2000-O0043, sec. 3, adopted 9/13/2000)
The ratings to be given to motion pictures exhibited in the
city are:
(1) G,
General Audiences, all ages admitted.
(2) PG,
Parental Guidance Suggested, some material may not be suitable for
children.
(3) PG-13,
Parents Strongly Cautioned, some material may be inappropriate for
children under thirteen (13).
(4) R,
Restricted, under seventeen (17) requires accompanying parent or guardian.
(5) NC-17,
no one seventeen (17) or under admitted.
(1959 Code, sec. 19-27; Ordinance 5729, sec. 1, adopted 8/28/1969; Ordinance 5833, sec. 1, adopted 2/26/1970; 1983 Code, sec. 3-146; Ordinance 2000-O0043, sec. 4, adopted 9/13/2000)
Motion picture films which were produced and released for viewing
prior to the establishment of the Motion Picture Association of America
board shall be rated by the local theater manager exhibiting such
film in accordance with the Motion Picture Association of America
standards. Such rating shall be displayed in the same manner as the
ratings applied to films reviewed by the board. The failure of a local
theater manager to rate any film shall result in such film being considered
as an “NC-17” rated film.
(1959 Code, sec. 19-28; Ordinance 5729, sec. 1, adopted 8/28/1969; 1983 Code, sec. 3-147; Ordinance 2000-O0043, sec. 5, adopted 9/13/2000)
The rating applied to any current film engagement or any coming
attraction shall be displayed as follows:
(1) The
film rating shall be prominently displayed in the box office and in
the front of the theater building exhibiting such film or films. A
rating shall be displayed for each film exhibited adjoining the film
name.
(2) The
film rating shall be prominently displayed on all film advertising
including, but not limited to, posters, boards, circulars and in newspapers.
The rating symbol in newspaper advertising shall be in type no less
than “ten (10) point” in size and shall be adjoining the
film advertised.
(3) Coming
attraction film ads, trailers or film tapes advertising motion picture
attractions shall display the rating symbol. Videotapes that are produced
without the rating symbols shall have the rating symbol superimposed
on the videotape or film and also have an audio announcement of such
rating. In the event such rating cannot be superimposed on the videotape
or film, a slide showing the rating shall be inserted and shown at
the end of the videotape or film and an audio announcement of such
rating also made.
(4) Script,
tapes or records used in radio broadcasting of film advertising shall
include the rating of each film advertised. In the event the rating
is not included in the script, tape, record or advertising material,
the broadcasting station shall add an announcement of the film rating.
(1959 Code, sec. 19-29; Ordinance 5729, sec. 1, adopted 8/28/1969; 1983 Code, sec. 3-148)
(a) It
shall be unlawful for any exhibitor or his employee:
(1) To exhibit any film which has not been rated as provided in this
article.
(2) To exhibit any film rated “PG,” “PG-13,”
“R” or “NC-17” if any current advertisement
of such film by such exhibitor fails to state clearly the rating of
such film.
(3) To exhibit any film rated “PG,” “PG-13,”
“R” or “NC-17” without keeping such rating
posted prominently in the box office and in front of the theater building
in which such film is being exhibited.
(4) To exhibit any film rated “R” or “NC-17”
or any scene or scenes from such a film, or from an unrated film,
whether moving or still, in the same theater and on the same program
with a film rated “G,” or to offer any scene or scenes
from such a film to any person for the purpose of exhibiting on a
television screen before general audiences; provided, however, any
advertising preview or trailer containing a scene or scenes from an
unrated film or a film rated “R” or “NC-17”
may be shown at any time if such preview has been separately rated
“G” under the provisions of this article.
(5) To permit any motion picture film, slide or exhibit rated “NC-17”
to be visible from any public street or highway within the city, when
such film is being shown or exhibited at any outdoor theater, drive-in
theater or any other location within the city, intending hereby to
prohibit such rated films, slides or exhibits from being viewed by
persons under eighteen (18) years of age occupying such streets or
highways.
(6) To sell or give any person under eighteen (18) years of age a ticket
for any film rated “NC-17,” which ticket is used by such
person under eighteen (18) years of age to gain admittance to view
such rated film.
(7) To sell or give any person under seventeen (17) years of age a ticket
to any film rated “R,” which ticket is used by such person
under seventeen (17) years of age to gain admittance to view such
rated film. The parent or guardian of a person under seventeen (17)
years of age must purchase the ticket for admission to view any film
rated “R.”
(8) To permit any person under eighteen (18) years of age to view the
exhibition of any film rated “NC-17.”
(9) To permit any person under seventeen (17) years of age to view the
exhibition of any film rated “R,” unless such person under
seventeen (17) years of age is accompanied by a parent or guardian.
(b) It
shall be unlawful for any person under eighteen (18) years of age:
(1) To give his or her age falsely as eighteen (18) years of age or over
for the purpose of gaining admission to an exhibition of a film rated
“NC-17.”
(2) To remain in the viewing room of any theater where a film rated “NC-17”
is being exhibited.
(c) It
shall be unlawful for any person under seventeen (17) years of age:
(1) To give his or her age falsely as seventeen (17) years of age or
over for purpose of gaining admission to an exhibition of a film rated
“R.”
(2) To remain in the viewing room of any theater where a film rated “R”
is being exhibited, unless such person under seventeen (17) years
of age is accompanied by a parent or guardian.
(3) To state falsely that a person is his or her guardian for the purpose
of gaining admittance to the exhibition of a film rated “R.”
(d) It
shall be unlawful for any person knowingly:
(1) To sell or give any person under eighteen (18) years of age a ticket
to an exhibition of a film rated “NC-17,” which ticket
is used by such person under eighteen (18) years of age to view such
film.
(2) To make any false statement for the purpose of enabling any person
under eighteen (18) years of age to gain admittance to the exhibition
of a film rated “NC-17.”
(3) To make any false statement for the purpose of enabling any person
under seventeen (17) years of age to gain admittance to the exhibition
of a film rated “R.”
(1959 Code, sec. 19-30; Ordinance 5729, sec. 1, adopted 8/28/1969; Ordinance 5833, secs. 2–4,
adopted 2/26/1970; 1983 Code,
sec. 3-149; Ordinance 2000-O0043, sec. 6, adopted 9/13/2000)