City of Havre de Grace, MD Chapter 4 Adult Entertainment

[HISTORY: Derived from 1988 Codified Ordinances of the Mayor and City Council. Amendments noted where applicable.]

GENERAL REFERENCES

Criminal sanctions — See Ch. 1, Art. I.

§ 4-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AVERAGE OBSERVER

The average, ordinary adult person applying contemporary community standards.

PATENTLY OFFENSIVE SEXUAL PERFORMANCE OR MATERIAL

A live performance, play, show, exhibition, tableau, entertainment, portrayal, characterization, presentation, or production, or a book, magazine, CD, audio, video, DVD, tape, e-mail, photograph, or other graphic display which the average observer would find:

[Amended 5-3-2010 by Ord. No. 915]

A. Taken as a whole, appeals to the prurient interest: and

B. Taken in its entirety, lacks serious literary, artistic, political or scientific value; and

C. Portrays, characterizes, depicts or constitutes any of the following behavior:

(1) Sexual intercourse, anal intercourse, masturbation, flagellation, fellatio, cunnilingus, sodomy, or beastiality; or

(2) Fondling or touching of the buttocks, anus, breasts or genitalia; or

(3) Sexual stimulation by means of contact with animals, inanimate objects or artificial devices; or

(4) Urination, defecation, or excretion.

§ 4-2 Offenses.

[Amended 5-3-2010 by Ord. No. 915]

A. It shall be unlawful for any person to participate or assist in the preparation, direction, execution, presentation, performance or the sale, transmission, or rental of material containing or reflecting a patently offensive sexual performance in an area to which the public is invited or in a public area.

B. It shall be unlawful for every owner, lessee, or manager of any theater, garden, building, room, place, structure or other area to which the public is invited to permit any patently offensive sexual performance or material to occur or be sold, transmitted, or rented thereon.

§ 4-3 Violations and penalties.

[Amended 5-3-2010 by Ord. No. 915]

Any persons convicted of committing any unlawful act as provided in this chapter shall be guilty of a misdemeanor. If any unlawful act is continuing, then each day during which such violation continues shall be considered a separate offense. In addition to any criminal penalty which may be imposed, all the provisions of this chapter may be enforced by petition for injunction filed on behalf of the Mayor and City Council of Havre de Grace or by other remedies provided by the City Code.