[HISTORY: Adopted by the City Council of the City of West
Haven: Art I, 3-12-1984 by Ord. No. 210; Art. II, 5-28-1985 by Ord. No.
228. Section 158-3 amended at time of adoption of
Code; see Ch. 1, General Provisions, Art. I. Other amendments noted
where applicable.]
[Adopted 3-12-1984 by Ord. No. 210]
As used in this Article, the following words shall, unless the
context requires otherwise, have the following meanings:
To import, publish, produce, print, manufacture, distribute,
sell, lease, exhibit or display.
Any printed material, visual representation, live performance
or sound recording, including but not limited to books, magazines,
motion pictures, films, pictures, tapes, photographs, figures and
statues.
Material which, if taken as a whole:
Human masturbation, sexual intercourse, actual or simulated,
normal or perverted, or any touching of the genitals, pubic areas
or buttocks of the human male or female, whether alone or between
members of the same or opposite sex or between humans and animals,
or any depiction or representation of excretory functions, any lewd
exhibition of the genitals, flagellation or torture in the context
of a sexual relationship. Sexual intercourse is simulated when it
depicts explicit intercourse which gives the appearance of the communication
of sexual intercourse, normal or perverted.
A.
Whoever sells or distributes or disseminates or imports or loans
or possesses with the intent to sell or exhibit prints or publications
for the purpose of selling or distributing a book, pamphlet, ballad,
printed paper, phonograph record, tape record, print, picture, movie,
figure, image or description which depicts or describes patently offensive
representations or descriptions of an ultimate sexual act, normal
or perverted, actual or simulated, or patently offensive representations
or descriptions of masturbation, excretory functions or lewd exhibitions
of the genitals shall be fined in an amount not to exceed $100 or
be imprisoned not to exceed 30 days, or both.
B.
Whoever performs or promotes the performance of any act which depicts
or describes patently offensive representations or descriptions of
ultimate sexual acts, normal or perverted, actual or simulated, or
patently offensive representations or descriptions of masturbation,
excretory functions or lewd exhibitions of the genitals shall be fined
in an amount not to exceed $100 or be imprisoned not to exceed 30
days, or both.
A.
Upon the conviction or guilty plea of any person to the offense described in § 158-2, the Chief of Police and/or his designee may immediately seize any patently offensive materials which were the subject of the prior arrest.
B.
No such seizure shall occur until seven days after the Chief of Police
and/or his designee:
A.
It shall be an affirmative defense in any action concerning this
Article that the materials referred to were disseminated or presented
for a bona fide scientific, medical, educational, governmental, artistic
or judicial purpose.
B.
Any such materials, which would otherwise fall within the scope of
this Article, are declared exempt from the scope of the same.
[Adopted 5-28-1985 by Ord. No. 228]
For the purposes of this Article, the following terms shall
have the meanings indicated:
Anything tangible which is capable of being used or adapted
to arouse prurient, shameful or morbid interest, whether through reading,
observation, sound or any other manner.
Materials or a performance that depicts a prohibited sexual
act or sexually explicit nudity and, taken as a whole, is harmful
to minors. For purposes of this definition, the following terms shall
have the meanings indicated:
MINORAny person less than 17 years old.
PROHIBITED SEXUAL ACTErotic fondling, nude performance, sexual excitement, sadomasochistic abuse, masturbation or sexual intercourse.
NUDE PERFORMANCEThe 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 male genitals in a discernibly turgid state in any play, motion picture, dance or other exhibition performed before an audience.
EROTIC FONDLINGTouching a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
SEXUAL EXCITEMENTThe condition of human male or female genitals when in a state of sexual stimulation or arousal.
SADOMASOCHISTIC ABUSEFlagellation or torture by or upon a person clad in undergarments, a mask or a bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
MASTURBATIONThe real or simulated touching, rubbing or otherwise stimulating of a person's own clothed or unclothed genitals, pubic area, buttocks or, if the person is female, breast, either by manual manipulation or with an artificial instrument.
SEXUAL INTERCOURSEIntercourse, real or simulated, whether genital-genital, oral-genital, analgenital or oral-anal, whether between persons of the same or opposite sex or between a human and an animal or with an artificial genital.
HARMFUL TO MINORSThat quality of any description or representation, in whatever form, of a prohibited sexual act or sexually explicit nudity when:
It predominantly appeals to the prurient, shameful or morbid
interest of minors;
It is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable material for
minors; and
Taken as a whole, it lacks serious literary, artistic, educational,
political or scientific value for minors.
SEXUALLY EXPLICIT NUDITYThe 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 male genitals in a discernibly turgid state.
The material or performance is visible on a billboard, viewing
screen, marquee, newsstand, display rack, window, showcase, display
case or other similar display area that is visible from any part of
the premises where a minor is or may be allowed or permitted or invited
as part of the general public or otherwise or that is visible from
a public street, sidewalk, park, alley, residence, playground, school
or other place to which minors have unrestrained and a reasonably
anticipated access and presence.
A person is guilty under this Article of displaying harmful
matter to minors when, having control or supervision of any business
or commercial establishment or premises, with knowledge of the content
and character of the material involved, he intentionally or recklessly
does any of the following:
A.
Visibly displays, exhibits or otherwise exposes to view in that part
of the premises or immediately adjacent thereto where a minor is or
may be allowed, permitted or invited, as part of the general public
or otherwise, all or any part of any material which is either of the
following:
B.
Hires, employs or otherwise places, supervises, controls or allows
in any business or commercial establishment or other place any minor
under circumstances which would cause, lead or allow such minor to
engage in the business or activity of promoting or otherwise handling
such material.
Violation of this Article shall be punished by a fine of $100
for each separate item of material which is displayed in violation
of this Article. Each day that any violations of this Article occur
or continue to occur shall constitute a separate offense and shall
be punishable as a separate violation or violations.
