A chapter to protect and secure the public health, safety and general
welfare by regulation of certain forms of entertainment within the Township
of Denton, Roscommon County, Michigan; to provide penalties for the violation
of the provisions of this chapter and to repeal any ordinances or parts of
ordinances in conflict herewith. In pursuance of authority conferred by Act
No. 246 of PA of 1945, as amended by Act No. 224 of PA of 1952, and as further
amended by Act No. 39 of PA 1963, Act No. 300 of PA 1968, Act No. 17 of PA
of 1969, Act No. 375 of PA of 1974, and Act No. 590 of PA 1978, for the purpose of promoting the health, safety and general welfare
of the inhabitants of the Township of Denton, Roscommon County, Michigan,
by defining, regulating and prohibiting lewd, obscene, immoral or unduly sexually
stimulating live entertainment, acts, performances or personal exhibitions.
As used in this chapter, the following terms shall have the meanings
indicated:
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered:
(1)
Human genitals, pubic region;
(3)
Female breast below a point and immediately above the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal;
B.
The performance of acts or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation, or other any sexual acts
prohibited by law;
C.
The actual or simulated touching, caressing or fondling of the breast,
anus, or genitals;
D.
The actual or simulated displaying of the pubic hair, anus, vulva, or
genitals.
It shall be unlawful for any person to engage in any form of public
live entertainment within Denton Township, wherein any of the specified anatomical
areas, as herein defined, are exposed or wherein any of the specified sexual
activities, as herein defined, are performed; or for any owner, operator or
manager, or agent of any owner, operator or manager, of any property, business
or other place within the Township of Denton open to the public to permit
or allow any form of live entertainment to be presented in, on or about his,
her, their or its property, business or other place open to the public wherein
any of the specified anatomical areas, as herein defined, are exposed, or
wherein any of the specified sexual activities, as herein defined, are performed;
provided, however, that this section shall not be construed or interpreted
to prohibit the exposure of such specified anatomical areas, as herein defined,
in any place provided or set apart from the view of the public for such purposes,
such as rest rooms, bathrooms, dressing rooms, changing rooms, and the like.
Any person or corporation who violates any of the provisions of this chapter shall be responsible for a municipal civil infraction, and proceedings shall be instituted pursuant to Chapter
38, Municipal Civil Infractions. Each day that a violation continues to exist shall constitute a separate offense.