[HISTORY: Adopted by the Town Board of the Town of Chili 8-13-1980 by L.L. No. 1-1980 (Ch. 74 of the 1980 Code). Amendments noted where applicable.]
This chapter shall be known as and may be cited as "Local Law No. 1 of the year 1980, Regulating Motion Picture Exhibitions Not Completely Enclosed From Public View."
It is hereby declared to be the policy of the Town of Chili, State of New York, that in order to preserve the public peace and good order and to safeguard the health, safety, welfare and morals of its citizenry and its youth within the incorporated area of the Town of Chili, it is necessary to regulate and control the operations and conduct of motion picture theaters, or the like, and such places of public assembly for the outdoor exhibition of motion pictures, so as to fix certain responsibilities and duties of persons owning, operating or controlling such establishments.
As used in this chapter, the following terms shall have the meanings indicated:
- MOTION PICTURE EXHIBITIONS
- Any room, place or space which is occupied or arranged to be occupied for viewing motion pictures from an audience area whether indoors and/or outdoors, requiring occupancy or classification as determined by the appropriate enforcement officer; and for places of public assembly used for the purpose of exhibiting motion pictures upon a screen generally visible to an audience. Public assembly or assembly where used herein shall have the same or similar meaning as in other code ordinances, rules and regulations of the Town.
- An individual, partnership, club, association or society or any other organized group of persons which shall include officers, directors, shareholders and trustees of a club, corporation, society or association.
- SADOMASOCHISTIC ABUSE
- Flagellation or torture by or upon a human being who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of one who is nude or so clothed and is being fettered, bound or otherwise physically restrained.
- SEXUAL CONDUCT
- Human masturbation, sexual intercourse, actual or simulated, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same sex or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
It shall be unlawful for any person conducting, maintaining or operating a motion picture exhibition within the Town of Chili to exhibit or suffer or permit to be exhibited any motion picture in which any person is shown, depicted or revealed in any act of sexual conduct or sadomasochistic abuse in any outdoor theater where the screen is visible beyond the limits of the audience area to a person under the age of 17 years or any other person so that such motion picture may be readily seen and its contents or character distinguished or perceived by normal unaided vision by such person viewing it from beyond said limits of the audience area.
Any person who shall violate any provision of this chapter shall be guilty of an offense punishable by a fine not exceeding $250 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation or each such individual viewer shall constitute a separate violation for the purpose of conferring jurisdiction, etc.