[HISTORY: Adopted by the Town of Boothbay Harbor: Art. I, 6-6-1977
as STM Art. 3 (Art. 16 of the 1958 Ordinances); Art. II, 6-6-1977
as STM Art. 4 (Art. 17 of the 1958 Ordinances). Amendments noted where applicable.]
[Adopted 6-6-1977 as STM Art. 3 (Art. 16 of the
1958 Ordinances)]
The purpose of this Article 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 Town Meeting and Board of Selectmen in public meetings have clearly found
to be offensive to the general welfare, public safety, order and morals of
the Town of Boothbay Harbor and its citizens.
As used in this Article, the following terms shall have the meanings
indicated:
Unclothed or uncostumed or not covered by a fully opaque material.
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 person shall be deemed a "salesperson," "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.
It shall be unlawful for a person, who while acting as
a salesperson, waiter, waitress, entertainer or in any other capacity as an
owner, manager, or employee in a business subject to license in the Town of
Boothbay Harbor, and including any restaurant, hotel, motel, club and place
selling spiritous and vinous liquor or malt liquor to be consumed on the premises,
to expose his or her genitals, pubic hair, buttocks, perineum or anus; or
to expose any portion of the female breasts at or below the areola thereof.
A.
B.
In addition to any other penalty provided by the law,
the commission of acts prohibited by this Article shall constitute a nuisance
and may be abated by the town seeking an injunction to prohibit further and
continued violation thereof.
[Adopted 6-6-1977 as STM Art. 4 (Art. 17 of the
1958 Ordinances)]
The purpose of this Article is to prohibit obscene movies and not to
impede the free exchange and expression of ideas. Such movies are what the
Town Meeting and Board of Selectmen in public meetings have clearly found
to be offensive to the general welfare, public safety, order and morals of
the Town of Boothbay Harbor and its citizens.
As used in this Article, the following terms shall have the meanings
indicated:
It is "obscene", for the purposes of this Article, when, to the average
person applying contemporary community standards of this town, the dominant
theme of the material taken as a whole appeals to the prurient interest, that
is:
The dominant theme of the material taken as a whole appeals to a prurient
interest in sex.
The material is patently offensive because it affronts contemporary
community standards relating to the description or representation of sexual
acts.
The material is utterly without redeeming social value.
Such material shall include patently offensive representations or descriptions
of ultimate sexual acts, normal or perverted, actual or simulated, patently
offensive representations or descriptions of masturbation, excretory functions
and lewd exhibitions of the genitals and shameful or morbid interest in nudity,
sex or excretion.
It shall be unlawful and a person shall commit obscenity when he sells,
offers or attempts to sell, distributes, gives away, offers to or attempts
to give away, prints or publishes an obscene photograph, motion picture, filmstrip
or slide.
