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:
DISPLAY
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.
DISTRIBUTE
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.
MATTER
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.
MINOR
Any person less than 18 years old.
PORNOGRAPHIC
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.
A. 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
B. 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.
C. Subsection
C shall not apply to any artistic artifact, drawing, painting, print or sculpture (whether an original or a reproduction) generally recognized to have classical artistic value and/or which was created by a generally recognized classical artist.
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.