[HISTORY: Adopted by the Special Town Meeting of the Town of Alfred 5-19-1981 by Art. 9. Amendments noted where applicable.]
Amusements and entertainment — See Ch. 83.
The purpose of this chapter is to prohibit any commercial enterprise from presenting, engaging in or disseminating any obscene exhibitions or material for profit. It is not intended to suppress or inhibit the free exchange of ideas or artistic expression nor to regulate the behavior of individuals in the privacy of their own residences. This chapter is enacted for promoting and protecting the general welfare of the Town of Alfred.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL ENTERPRISE
- Any business, corporation, association, partnership or natural person or any trustee, lessee, agent, assign or other legal entity of any of the above.
- To import, publish, produce, print, manufacture, distribute, sell, lease, rent, exhibit or display.
- ENGAGE IN
- To solicit, produce, direct, finance, physically participate in, compensate others for, further the interest of or otherwise be involved with the proscribed conduct.
- EXHIBIT OR EXHIBITION
- Any aural, visual or tactile performance, dramatization, simulation of, show or display which includes any amount of human, animal or animated conduct presented by a live performance or by silhouette.
- Any printed matter, visual representation or sound recording, including but not limited to books, magazines, motion pictures, photographs, figures, statues or other types of representation or embodiment.
- Any conduct, exhibit or material of a sexual nature which:
- A. To the average individual applying contemporary standards considered as a whole, appeals to prurient interests.
- B. Presents in a patently offensive manner actual or simulated sexual acts, sodomy, bestiality, excretory functions, masturbation, direct stimulation of male or female or animal genitals, flagellation or torture in the context of sexual acts or gratification or exhibits of male or female genitals, pubic area, buttocks or the female breast at or below the areola area.
- C. Considered as a whole, lacks serious literary, artistic, political or scientific value.
- To show, reveal, display or expose to any person.
It shall be unlawful for any commercial enterprise to present for profit any obscene exhibitions within the Town of Alfred.
It shall be unlawful for any commercial enterprise to engage in for profit any obscene exhibitions within the Town of Alfred.
It shall be unlawful for any commercial enterprise to disseminate any obscene materials for profit within the Town of Alfred.
It shall be unlawful for any commercial enterprise to solicit, permit, promote or assist any commercial enterprise or private person to present, engage in or disseminate any obscene exhibit or materials within the Town of Alfred.
It shall be unlawful for a person, while acting as a salesperson, waiter, waitress, entertainer, agent, owner, manager or employer of a commercial enterprise, to expose his or her genitals, pubic hair, buttocks, anus or to expose any portion of the breasts at or below the areola thereof.
This chapter is not intended to regulate any established and existing school, church, museum, private or public library or governmental agency nor their libraries or collections as they may exist under state, local or federal law.
This chapter is not intended to regulate any conduct expressly regulated by existing state statute.
Any conduct made unlawful by this chapter and any violation of this chapter shall be punishable by a fine of $500 for each offense. Each day that such unlawful act or violation continues shall be considered a separate violation.
In addition to any other penalty provided by law, the commission of acts prohibited by this chapter shall constitute a nuisance and may be abated by the Town seeking an injunction to prohibit further and continued violations.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this chapter.