[HISTORY: Adopted by the Town Board of the Town of Queensbury 6-20-1984
by L.L. No. 3-1984. Amendments noted where applicable.]
No person within the Town of Queensbury shall display at stores, drugstores,
newsstands or any other business establishment frequented by minors or where
said minors are or may be invited as a part of the general public any magazine,
picture, photograph, book, pocket book, pamphlet or calendar, the cover or
content of which depicts or describes nudity, sexual conduct, sexual excitement
or sadomasochistic abuse and which shall be harmful to minors.
The following definitions are applicable to § 118-1 of this chapter:
That quality of any description or representation, in whatever form,
of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when
it:
Considered as a whole, appeals to the prurient interest in sex of minors;
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors; and
Considered as a whole, lacks serious literary, artistic, political and
scientific value for minors.
Any person less than 17 years old.
The showing of the human male or female genitals, pubic area or buttocks
with less than a full opaque covering, or the showing of the female breast
with less than a full opaque covering of any portion thereof below the top
of the nipple, or the depiction of covered male genitals in a discernibly
turgid state.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume or the condition of being fettered, bound or otherwise
physically restrained on the part of one so clothed.
Acts of masturbation, homosexuality, sexual intercourse or physical
contact with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person be a female, breast.
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
[Amended 5-24-1991 by L.L. No. 6-1991]
A person who violates any provision of this chapter is guilty of a misdemeanor,
punishable by a fine not exceeding $1,000 or by imprisonment for a term not
exceeding one year, or both.
