§ 28-17. Theater exhibits viewable from streets.  


Latest version.
  • (a)

    The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

    (1)

    Erotic is a descriptive term meaning without serious literary, artistic, political or scientific value for minors.

    (2)

    Minor is a human being under the age of 17 years.

    (3)

    Person is any individual, firm, partnership, association, corporation, company or organization of any kind connected or employed by any "theater," as that term is defined herein.

    (4)

    Theater is any premises in which motion pictures or slides are projected upon a screen or a theatrical performance is given for viewing by patrons, which screen or performance is visible from any public street, sidewalk, alley or other public property.

    (5)

    Sexually explicit nudity is the portrayal of the following sexual conduct:

    a.

    Human genitals in a state of sexual stimulation or arousal; or

    b.

    Acts of human masturbation, sexual intercourse, or sodomy; or

    c.

    Fondling or other touching of less than completely and opaquely covered human genitals, the pubic region, the buttocks, or the breast of a human female.

    (6)

    Sidewalk is any walkway, pavement or pathway used by the public which is located on publicly owned property or publicly held easements.

    (b)

    It is hereby declared to be a public nuisance for any person to show or participate in the showing at a theater in the city of any motion picture, slide, or other exhibit upon or before a screen which is visible from any public street, sidewalk, alley, or other public property, where such motion picture, slide, or other exhibit:

    (1)

    Shows sexually implicit nudity in a manner patently offensive to minors; and

    (2)

    Taken as a whole, appeals to the prurient interests of minors, as determined by the average person applying contemporary community standards; and

    (3)

    Considered as a whole, is erotic.

    (c)

    It is not a public nuisance under this section if the screen upon which the motion picture, slide, or other exhibit is shown is not visible from a public street, sidewalk, alley, or other public property.

    (d)

    The city attorney is hereby authorized to institute a civil proceeding in a court of competent jurisdiction to enjoin any activity declared to be a public nuisance by this section.

(Code 1968, § 28-41.1; Ord. No. 71-249, §§ 1—4, 2-3-71; Ord. No. 78-1991, § 1, 10-10-78; Ord. No. 79-271, § 1, 2-21-79)