Town of Kittery, ME
York County
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Table of Contents
Table of Contents
The purpose of this chapter is to prohibit any commercial enterprise from presenting or engaging in any obscene exhibitions for profit. It is not intended to suppress or inhibit the free exchange of ideas or artistic expression. The Town Council has enacted this chapter for the purposes of promoting and protecting the general welfare, public safety, public order and morals.
As used in this chapter, the following words, terms and phrases shall have the meanings ascribed to them in this section:
COMMERCIAL ENTERPRISE
Any business, corporation, association or natural person, established for pecuniary gain other than a theater.
ENGAGE IN
To solicit, produce, direct, finance, physically participate in, compensate others for, further the interest of, or be otherwise involved with the proscribed conduct.
EXHIBITION
Any aural, visual or tactile performance, dramatization, show or display which includes any amount of human, animal or animated conduct, whether presented live or by way of mechanical reproduction, sound recording, audiovisual cassette or tape, silhouette depiction or by any other means.
OBSCENE
Any conduct of a sexual nature, which:
A. 
To the average individual applying contemporary community standards, considered as a whole, appeals to the prurient interest;
B. 
Presents in a patently offensive manner actual or simulated ultimate sexual acts, sodomy, bestiality, excretory functions, masturbation, direct physical stimulation of unclothed genitals, flagellation or torture in context of ultimate sexual acts, exhibition of the human male or female genitals, pubic area, buttocks or the female breast below the top of the nipple; and
C. 
Considered as a whole, lacks serious literary, artistic, political or scientific value.
PRESENT
To show, reveal, display or expose to any person.
A. 
Any building or hall designed primarily for showing motion pictures, having a permanent movie screen and permanently fixed seats arranged in such fashion as to allow spectators an unobstructed view of the screen;
B. 
An open-air theater designed primarily for showing motion pictures, having a permanent movie screen and permanent devices for broadcasting movie soundtracks in motor vehicles; and
C. 
Any playhouse, hall or similar structure designed primarily for legitimate artistic expression.
It is unlawful within the Town for any commercial enterprise to:
A. 
Present for profit any obscene exhibition.
B. 
Engage in any obscene exhibition for profit.
C. 
Solicit, permit, promote or assist any commercial enterprise or person to present or engage in any obscene exhibition.
This chapter is not intended to regulate any conduct expressly regulated by existing state statute.
A. 
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).
B. 
In addition to any other penalty provided by law, the commission of acts prohibited by this chapter shall constitute a nuisance and may be abated by the Town seeking an injunction to prohibit further and continued violations.