[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 10-2-1990
as § 08.05 of the 1990 Code. Amendments noted where applicable.]
The purpose of this chapter is to regulate nudity as a form of commercial
exploitation and to regulate dress as a form of conduct and not to impede
the free exchange and expression of ideas. The conduct regulated is that which
the community and Town Council have clearly found to be offensive to the general
welfare, public safety, order and morals of the Town of Bar Harbor and its
citizens.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any activity engaged in or caused to be engaged in by any
person or persons, natural or corporate, with the object and purpose of economic
gain, benefit, or advantage, either direct or indirect.
Unclothed or uncostumed or not covered by a fully opaque material.
A person shall be deemed a sales person, waiter, waitress or entertainer
if such person acts in that capacity without regard to whether or not such
person is paid any compensation by the management of the establishment in
which the activity is performed.
A building, playhouse, hall, or other place having a permanent stage
upon which movable scenery and theatrical or vaudeville or similar performances
are given and permanently affixed seats so arranged that a body of spectators
can have an unobstructed view of the stage;
A building, room, hall, or other place whose primary function is to
present movies or motion pictures and which has a permanent movie screen and
permanently affixed seats so arranged that a body of spectators can have an
unobstructed view of said screen; or
An open-air or drive-in movie having a permanently affixed movie screen
and permanently affixed devices for broadcasting the soundtracks of movies
or motion pictures inside of the patrons' vehicles.
A.
It shall be unlawful for a person, while acting as a
sales person, waiter, waitress, entertainer or in any other capacity as an
owner, manager, or employee in a business conducted and/or operated anywhere
within the Town of Bar Harbor:
B.
It shall be unlawful for a person to cause, permit, procure, counsel, or assist any person to expose himself or herself as prohibited by Subsection A of this section.
C.
It shall be unlawful for a person operating a business
anywhere within the Town of Bar Harbor to, at said place of business, display
or cause or permit the display of photographs, covers of magazines, newspapers
or other printed matter which exposes or shows genitals, pubic hair, buttocks,
perineum, anus, or female breasts at or below the areola thereof, in such
manner that such photographs, covers of magazines, newspapers, or other printed
matter is visible to children or unwilling adults using the sidewalks, streets,
or highways.
A.
Any act made unlawful by this chapter and any violation of this chapter shall be punishable pursuant to the provisions of the Town of Bar Harbor Code, § 1-18, General penalty. Each day that such unlawful act or violation continues shall be considered a separate offense.
B.
In addition to any other penalty provided by the 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 violation thereof.