Rockland County, NY
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2024-02-06
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The Code
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Part II: General Legislation
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Chapter 312 Obscene Material
- The Charter
- Ch C Charter
- The Code
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 3 Abandoned and Lost Property
- Ch 5 Administrative Code
- Ch 9 Adult Homes, Committee to Monitor
- Ch 11 Agricultural and Farm Protection Board
- Ch 15 Awards and Recognition
- Ch 18 Beautification Commission
- Ch 22 Boards and Commissions
- Ch 23 Building Construction
- Ch 24 Cemeteries
- Ch 27 Community Action Agency
- Ch 31 Community Services Board
- Ch 35 Consumer Protection, Office of
- Ch 37 Correctional Facility
- Ch 39 Credit Card Payments
- Ch 39A County Property
- Ch 40 Department of Information Technology Services
- Ch 45 Defense and Indemnification
- Ch 50 Deferred Compensation Plan
- Ch 51 (Reserved)
- Ch 53 Drainage Agency
- Ch 56 Emergency Rescue Services
- Ch 58 (Reserved)
- Ch 61 Environmental Management Council
- Ch 62 Environmental Resources Division
- Ch 66 Ethics, Code of
- Ch 70 Fiscal Policy
- Ch 72 Flag, County
- Ch 73 Fund Balance Reserve Account
- Ch 74 General Services, Department of
- Ch 75 Greenspace Preservation Reserve Fund
- Ch 75A Historic Preservation
- Ch 76 Homeowners' Protection Board
- Ch 80 Hospital, Public
- Ch 82 Hudson River Riverfront Preservation/Reclamation
- Ch 85 Insurance, Department of
- Ch 87 Investment Policy
- Ch 92 Labor Relations, Department of
- Ch 94 Lease of Property
- Ch 97 Legal Aid
- Ch 101 Legislature, County
- Ch 108 Mass Transportation
- Ch 115 Medical Examiner
- Ch 118 Municipal Utility Coalition
- Ch 119 (Reserved)
- Ch 120 Notifications and Alerts
- Ch 121 Officers and Employees
- Ch 123 Open Government
- Ch 128 Park Commission
- Ch 135 People With Disabilities, Office for
- Ch 137 Pollution Control
- Ch 139 Printing and Mail Facilities
- Ch 140 Procurement Policy
- Ch 141 Publication of Legislation
- Ch 142 Purchasing Agent
- Ch 149 Rules of the Legislature
- Ch 155 Safety Council
- Ch 159 Salaries
- Ch 165 Sewer Agency; Sewer District
- Ch 169 Sheriff
- Ch 172 Solid Waste Management Authority
- Ch 175 Tobacco Asset Securitization Corporation
- Ch 177 Traffic Safety Board
- Ch 178 Water Resources Management
- Ch 180 Travel Demand Management Program
- Ch 189 Workers' Compensation Self-Insurance Plan
- Ch 195 Youth Agencies
- Part II: General Legislation
- Ch 211 Advertising
- Ch 212 Animal Control Organizations
- Ch 213 Apprenticeship Training Programs
- Ch 214 Automated Teller Machines
- Ch 215 (Reserved)
- Ch 217 Bicycles
- Ch 219 Box Cutters, Sale and Possession of
- Ch 220 Building Construction
- Ch 223 Campaign Finance Reform
- Ch 224 Carbon Monoxide Detectors
- Ch 225 (Reserved)
- Ch 227 Day Care and Home Care
- Ch 230 Dogs and Other Animals
- Ch 232 Domestic Partner Registry
- Ch 234 Drones
- Ch 235 Drugs and Drug Paraphernalia
- Ch 250 Electricians and Electrical Inspections
- Ch 252 Empire Zones
- Ch 252A Energy Programs
- Ch 253 Environmental Protection
- Ch 254 Ephedra Products
- Ch 261 Fair Housing
- Ch 263 Fees and Charges
- Ch 264 Fertilizer
- Ch 265 Fire Insurance Claims
- Ch 266 Fireworks
- Ch 267 Food Service
- Ch 270 Freshwater Wetlands
- Ch 274 Fuels, Sale of
- Ch 277 Funerals
- Ch 278 Furniture, Sale of
- Ch 279 Gender-Motivated Violence, Protection Against
- Ch 280 Ground Meat, Sale of
- Ch 282 Hazardous Materials Notification
- Ch 283 Health Clubs
- Ch 284 Highway Construction
- Ch 286 Home Improvement Contractors
- Ch 287 (Reserved)
- Ch 289 Housing
- Ch 290 Human Rights
- Ch 291 Irrigation Systems
- Ch 293 Laser Pointing Devices
- Ch 295 Littering
- Ch 300 Mercury, Products Containing
- Ch 301 Methamphetamine Production
- Ch 302 Mobile Homes
- Ch 303 Moshing
- Ch 304 Multiple Dwellings
- Ch 309 Nuisances, Public
- Ch 312 Obscene Material
- § 312-1 Intent and policy.
- § 312-2 Definitions.
- § 312-3 Display of material prohibited.
- § 312-4 Affirmative defense.
- § 312-5 Penalties for offenses.
- Ch 315 Parks
- Ch 317 Pesticide Notification
- Ch 317A Pharmacies
- Ch 318 Phones, Cellular
- Ch 319 Plumbers; Heating and Cooling Contractors
- Ch 323 Political Contributions
- Ch 327 Prior Notice of Defects
- Ch 328 Prohormones & Precursors to Hormones, Products Containing
- Ch 329 Records, Access to
- Ch 330 Recycling
- Ch 331 Retail Sales
- Ch 338 Scooters, In-Line Skates, Roller Skates and Skateboards
- Ch 340 Secondhand Precious Metals or Gems
- Ch 345 Sewers
- Ch 347 Sex Offenders
- Ch 349 Smoking
- Ch 350 Solid Waste
- Ch 351 Spring Traps
- Ch 353 Stream Conservation
- Ch 354 Tanning Facilities
- Ch 355 Taxation
- Ch 357 Tax-Delinquent Property
- Ch 362 Theater Promoters
- Ch 363 Third-Party Food Delivery Services
- Ch 369 Transient Merchants
- Ch 371 Trapping
- Ch 375 Vehicles and Traffic
- Ch 377 Vehicles, Idling of
- Ch 378 Veterans
- Ch 388 Waterfowl, Feeding of
- Ch 388A Weapons, Imitation and Replica
- Ch 389 Wells
- Ch 390 Wireless 911 Calls, Routing of
- Ch 394 Wreckers and Towers
- Appendix
- Ch A601 Acts of the Legislature Applicable to Rockland County
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the Rockland County Legislature 12-1-1986
by L.L. No. 8-1986. Amendments noted where applicable.]
A.
The protection of the health, safety, welfare and morals
of minors constitutes a legitimate exercise of the police power of the state
through local legislative action.
B.
This chapter fully protects the First Amendment rights
of adults to purchase material deemed obscene to minors.
C.
The State of New York has a law addressing the dissemination
of material deemed harmful to minors, (§ 235.20 of the New York
Penal Law) but not to the display of material deemed obscene to minors.
D.
The existence of such legislation may give rise to a
preemption argument on the part of opponents of such legislation. However,
since § 245.11 of the Penal Law constitutes criminal legislation
and the County proposal is civil in nature, the preemption argument should
not prevail.
E.
It is not the intent of this chapter to prohibit adults
from purchasing constitutionally protected materials, nor is it the intention
of this chapter to censor constitutionally protected material and this chapter
does not unduly burden the First Amendment rights of adults.
As used in this chapter, the following terms shall have the meanings
indicated:
A person less than 17 years of age.
The showing of the human male or female genitals, pubic area or buttocks
with less than a fully opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion thereof below the top
of the nipple, or the depiction of covered or uncovered male genitals in a
discernibly turgid state.
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, predominantly appeals to the prurient interest
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.
Flagellation or torture by or upon a person who is nude or 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 or
who is nude.
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.
It shall be unlawful for any person knowingly to display in public places
any picture, photograph, drawing, motion-picture film or similar visual representation
or image of a person or portion of the human body which depicts nudity, sexual
conduct or sadomasochistic abuse and which is obscene as to minors.
In any prosecution for display of material obscene as to minors, it
is an affirmative defense that the person having custody, control or supervision
of a public place kept the material obscene as to minors:
A.
The Commissioner of Consumer Protection may prescribe
and impose civil penalties for a violation of this chapter of not more than
$100 for the first offense and not more than $500 for the second or subsequent
offense.
B.
The continuation of a violation of this chapter for each
and every day the offense is continued is a separate and distinct offense
hereunder.
