[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:
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.
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.
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.
[Amended 6-14-2023 by L.L. No. 2-2023]
Any person who shall violate any provision of
this chapter shall be guilty of an offense punishable by a fine not
exceeding $250. Each day's continued violation or each such individual
viewer shall constitute a separate violation for the purpose of conferring
jurisdiction, etc.
