[HISTORY: Adopted by the Town Council of the Town of Wallingford 8-27-1985 by Ord. No. 333. Amendments noted where applicable.]
The purpose of this chapter is to promote the general safety and welfare of minors within the Town of Wallingford by limiting their access and exposure to pornographic matter. To this end, this chapter prohibits the distribution and display of pornographic matter to minors and provides sanctions for violations of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Any matter visible on a billboard, viewing screen, marquee, news stand, display rack, window, showcase, display case or other visible area that is visible from any part of a premises where a minor is or may be allowed or permitted or invited as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school or other place to which minors have unrestrained and a reasonably anticipated access and presence.
- The sale, rental, loan, lease, public or private showing, giving for gratis or other dissemination of pornographic matter, but shall not include the broadcast of such matter via commercial or pay television stations, nor the showing of motion pictures in a properly licensed movie theater or drive-in.
- Any printed material, visual representation, live presentation or sound recording, including but not limited to books, magazines, motion pictures, films, videotapes, photographs, pictures, prints, tapes, records, figures and statues, but shall not include textbooks, references and visual aids used by an accredited educational institution or licensed physician for study or counseling purposes.
- Any person less than 18 years old.
- Any matter which contains any representation, graphically depicted, whether in pictures or in words, which includes one or more of the following:
- A. Individuals are presented as sexual objects who enjoy pain or humiliation; or are presented as sexual objects who experience sexual pleasure in being raped; or are presented as sexual objects tied up or cut up or mutilated or bruised or physically hurt, or as dismembered or truncated or fragmented or severed into body parts; or are presented in scenarios of degradation, injury, abasement, torture, shown as filthy or inferior, bleeding, bruised or hurt in a context which makes these conditions sexual; or
- B. Such matter contains any sexually explicit material as defined below.
- Actual or simulated:
Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between persons and animals or with an artificial genital, sodomy, human masturbation or fondling or other erotic touching of human genitals, pubic region, buttock or female breast; or
Exhibition with less than a fully opaque covering of the genital or pubic region, buttock or female breast below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state, in a manner which is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and which, taken as a whole, lacks serious literary, artistic, educational or scientific value.
It shall be the responsibility of the Board of Ethics of the Town of Wallingford to study and establish standards relating to Subsection B above as to what matter is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and which, taken as a whole, lacks serious literary, artistic, educational or scientific value, whether on an overall or a case-by-case basis.
Any individual, institution or business distributing pornographic matter, except as specifically exempted by this chapter, shall ensure that access to such pornographic matter is denied to minors, and shall further deny distribution of pornographic matter to such minors.
No individual, institution or business, except as specifically exempted by this chapter, shall distribute pornographic matter on any premises frequented by minors (including recreational areas) owned or operated by any agency of the Town of Wallingford.
No individual, institution or business shall visibly display (as defined herein) pornographic matter in a manner which would provide access to such matter by minors.
No individual, institution or business, except as specifically exempted by this chapter, shall hire, employ or otherwise place, supervise, control or allow in any business or commercial establishment or other place any minor under circumstances which would cause, lead or allow such minor to engage on the activity of promoting or otherwise handling pornographic matter.
Any violation of the provisions of this chapter, except as specifically exempted by this chapter, shall be punishable by a fine not to exceed $100. In the case of a continuing violation, each day that any violation of this chapter occurs, or continues to occur, shall constitute a separate offense and shall be punishable as a separate violation or violations.
Town, state and federally funded public libraries shall be exempt from the provisions of this chapter. Public and private educational libraries operated by an accredited educational institution in which pornographic matter is available for reference in connection with a course of study sanctioned by the institution, including on open shelves, shall also be exempt from the provisions of this chapter.