(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)