[Ord. No. 98-162 §1, 8-25-1998]
The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, morals and general welfare of persons in the County of St. Charles in their use of public rights-of-way through the prohibition of sexually explicit material on billboards so as to protect children and unconsenting adults in and on its public streets, sidewalks and other public rights-of-way and facilities from viewing public displays of offensive or obscene sexual material.
[Ord. No. 98-162 §2, 8-25-1998]
For purposes of this Chapter, the following terms shall be defined as follows:
- A large panel designed to carry outdoor advertising or messages.
- EXPLICIT SEXUAL ACTS
- Depictions or descriptions, whether being performed alone or between members of the same or opposite sex or between humans and animals, of:
- 1. Sexual intercourse, oral copulation, anal intercourse, oral-anal contact, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or any of the following depicted sexually oriented acts or conduct:
- a. Anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty, zoophilia;
- b. Human genitals in a state of sexual stimulation, arousal, or tumescence;
- c. The use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;
- d. Fondling or touching of human genitals, pubic regions, buttock, or female breast;
- e. Masochism, erotic or sexually-oriented torture, beating or the infliction of pain;
- f. Erotic or lewd touching, fondling or other contact with an animal by a human being;
- g. Human excretion, urination, menstruation, vaginal or anal irrigation; or
- h. Other acts of sexual arousal involving any physical contact with a person's genitals, pubic hair, perineum, anus or anal region.
- NUDITY OR STATE OF NUDITY
- Material which depicts one of the following:
- 1. The showing of the bare human male or female genitals or pubic area with less than full opaque clothing covering;
- 2. The showing of the female breast below a horizontal line across the top of the areola, or a simulation thereof, at its highest point with less than fully opaque clothing covering; this definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing or swim suit, or other wearing apparel, provided the areola is not exposed in whole or in part; or
- 3. The showing of the covered male genitals in a discernably turgid state.A mother in the act of nursing her baby shall not be included within this definition, nor shall any child under the age of seven (7).
- Material which depicts or describes sexual conduct that is objectionable or offensive to accepted standards of decency which the average person, applying contemporary community standards would find, taken as a whole, appeals to prurient interests; or material which depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable State law, and taken as a whole, lacks serious literary, artistic, political, or scientific value.
- Any person or persons, or entity including, but not limited to, a corporation, partnership, unincorporated association or joint venture.
- PICTORIAL MATERIAL
- Any material suggesting or conveying a visual image, and includes, but is not limited to, a photograph, painting or drawing. Any pictorial material is "obscene" if all of the following apply:
- 1. The average person, applying contemporary community standards, would find that it appeals to prurient interests when the publication or material is considered as a whole;
- 2. It depicts, describes or represents in a patently offensive manner, sexual behavior as defined in this Chapter; and
- 3. It lacks serious literary, artistic, political or scientific value when the publication or material is considered as a whole.
- PUBLIC PLACE
- Any location not enclosed and within view of the public or any location frequented by the public, or where the public is present or likely to be present. Public places include, but are not limited to, streets, roadways, alleys, sidewalks, parks, beaches, yards, parking lots, boats, barges, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations.
- SEXUAL AROUSAL, GRATIFICATION, OR AFFRONT
- The purpose or effect of statements, words, pictures or illustrations depicting explicit sexual acts, as defined in this Chapter.
- SEXUAL BEHAVIOR
- The patently offensive representation, depiction or description of any of the following:
- 1. Ultimate sexual acts, actual or simulated, including vaginal intercourse between a male and a female, and anal intercourse, fellatio and cunnilingus between persons regardless of gender.
- 2. Masturbation, excretory functions and lewd exhibition of the genitals.
- 3. The actual or simulated infliction of pain by one individual upon another, or by an individual upon himself, for the purpose of the sexual gratification or release of either individual, as a result of flagellation, beating, striking or touching of an erogenous zone, including without limitation the thigh, genitals, buttock, pubic region, or, if such person is a female, a breast.
- A panel of any size usually used to convey a message with words, numerals, figures, pictures, devices, designs, or trademarks.
[Ord. No. 98-162 §3, 8-25-1998]
No person shall design or allow the display of the following for or on a billboard or sign in a public place:
Any material which exposes to public view any pictorial material that is obscene;
Any material showing males or females in a state of nudity where the purpose of the material is sexual arousal, gratification or affront;
Any statements or words describing explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect sexual arousal, gratification, or affront;
Any picture or illustration of a person's genitals, pubic hair, perineum, anus, or anal region where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront; or
Any picture or illustration depicting explicit sexual acts as defined in this Chapter where such picture or illustration has as its purpose or effect sexual arousal, gratification, or affront.
[Ord. No. 98-162 §4, 8-25-1998]
The St. Charles County Division of Planning and Zoning of the Department of Community Development shall be responsible for monitoring billboards and signs placed in public places. Upon determination that a billboard or public sign has been designed, painted or displays material in violation of this Chapter, an order to correct the offending condition shall be issued to the person responsible for the billboard or sign. Such order shall be telephoned to the person responsible and confirmed by mailing a copy of the order by certified mail return receipt requested. The Division of Planning and Zoning of the Department of Community Development shall issue the order and give notice by telephone and certified mail. The order shall state that the material displayed is in violation of this Chapter and order the display be removed within five (5) working days after the mailing date of the order. If the person responsible for an offending sign erected in a public place is unknown, the sign shall be removed immediately and destroyed by the Division of Planning and Zoning of the Department of Community Development. If the person responsible for the billboard or sign fails to remove the display within five (5) working days, he shall be subject to a fine of one thousand dollars ($1,000.00) per day that the billboard or sign displays the material in violation of this Chapter. The County Counselor's Office shall be responsible for bringing any legal action needed to enforce the provisions of this Chapter.