[HISTORY: Adopted by the Town of Wells 3-7-1981. Amendments noted where applicable.]
Loitering and disturbing the peace — See Ch. 154.
The purpose of this chapter is to prohibit any commercial enterprise from presenting or engaging in any obscene exhibitions for profit. It is not intended to suppress or inhibit the free exchange of ideas or artistic expression. The Town of Wells has enacted this chapter for the purpose of promoting and protecting the general welfare, public safety, public order and morals.
As used in this chapter, the following terms shall have the meanings indicated:
- COMMERCIAL ENTERPRISE
- Any business corporation, association or natural person established for pecuniary gain, other than a theater.
- ENGAGE IN
- To solicit, produce, direct, finance, physically participate in, compensate others for, further the interest of or be otherwise involved with the proscribed conduct.
- Any aural, visual or tactile performance, dramatization, show or display, which includes any amount of human, animal or animated conduct, whether presented live or by way of mechanical reproduction, sound recording, audiovisual cassette or tape, silhouette depiction or by any other means.
- Any conduct of a sexual nature which:
- A. To the average individual applying contemporary community standards, considered as a whole, appeals to the prurient interests;
- B. Presents in a patently offensive manner actual or simulated ultimate sexual acts, sodomy, bestiality, excretory functions, masturbation, direct physical stimulation of the unclothed genitals, flagellation or torture in the context of ultimate sexual acts, lewd exhibition of the human male or female genitals, pubic area, buttocks or the female breast below the top of the nipple; and
- C. Considered as a whole, lacks serious literary, artistic, political or scientific value.
- To show, reveal, display or expose to any person.
- A. Any building or hall designed primarily for showing motion pictures, having a permanent movie screen and permanently fixed seats arranged in such fashion as to allow spectators an unobstructed view of the screen.
- B. Any open-air theater designed primarily for showing motion pictures, having a permanent movie screen and permanent devices for broadcasting movie sound tracks in motor vehicles.
- C. Any playhouse, hall or similar structure designed primarily for legitimate artistic expression.
It shall be unlawful for any commercial enterprise to present for profit any obscene exhibition within the Town of Wells.
It shall be unlawful for any commercial enterprise to engage in any obscene exhibition for profit within the Town of Wells.
It shall be unlawful for any commercial enterprise to solicit, permit, promote or assist any commercial enterprise or person to present or engage in any obscene exhibition within the Town of Wells.
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 civil penalty of $500 for each offense. Each day that such unlawful act or violation continues shall be considered a separate offense.
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.