[HISTORY: Adopted by the County Legislature
of the County of Ulster as indicated in article histories. Amendments
noted where applicable.]
[Adopted by L.L. No. 3-1989]
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. This article
fully protects the First Amendment rights of adults to purchase material
deemed harmful to minors. While the State of New York has a law addressing
the dissemination of material deemed harmful to minors (§ 235.20,
New York Penal Law) and a law regarding the public display of offensive
sexual material (§ 245.11, New York Penal Law), it has no
law with respect to the display of material deemed harmful to minors.
This article is intended to fill that void.
As used in this article, the following terms
shall have the meanings indicated:
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, predominately 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.
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.
Any window, showcase, newsstand, display rack, viewing screen,
moving-picture screen, marquee or similar place that is easily visible
from or in any public street, sidewalk or thoroughfare, transportation
facility, or any place accessible to members of the public without
fee or other limit or condition of admission, such as a minimum age
requirement, and including but not limited to schools, places of amusement,
parks and playgrounds but excluding rooms or apartments designed for
actual residence.
Actual or depicted 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.
Actual or depicted acts of masturbation, homosexuality, bestiality,
sexual intercourse, or physical contact with a person's clothed or
unclothed genitals, pubic area, buttocks or, if such a person is a
female, breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
A.
It shall be unlawful for any person knowingly to display
in public places any book, pamphlet, magazine, or other printed matter
which contains 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 excitement, sexual conduct
or sadomasochistic abuse and which, taken as a whole, is harmful to
minors.
B.
It shall be unlawful for the owner, operator, manager,
employer or person in charge of a retail store or other commercial
establishment to knowingly allow his minor employees to sell or handle
material which depicts nudity, sexual excitement, sexual conduct or
sadomasochistic abuse and which, taken as a whole, is harmful to minors.
In any prosecution for display of material harmful
to minors, it is an affirmative defense that the person having custody,
control or supervision of a public place kept the material harmful
to minors:
A.
Behind an opaque counter;
B.
In a sealed opaque wrapper showing only the title;
C.
Wrapped in an opaque cover;
D.
In an area separate and apart from that part of the
premises which is a public place as defined herein, and such area
being clearly marked "adults only," and with a door or fully opaque
curtain on the entrance which is kept closed; or
E.
In such other manner as not to display the material
which is harmful to minors.
A.
The Director of the Consumer Fraud Bureau may prescribe
and impose civil penalties for a violation of this article 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 article for
each and every day the offense is continued is a separate and distinct
offense hereunder.
