[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.
Depictions or descriptions, whether being performed alone
or between members of the same or opposite sex or between humans and
animals, of:
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:
Anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus,
fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,
zooerasty, zoophilia;
Human genitals in a state of sexual stimulation, arousal, or
tumescence;
The use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation;
Fondling or touching of human genitals, pubic regions, buttock,
or female breast;
Masochism, erotic or sexually-oriented torture, beating or the
infliction of pain;
Erotic or lewd touching, fondling or other contact with an animal
by a human being;
Human excretion, urination, menstruation, vaginal or anal irrigation;
or
Other acts of sexual arousal involving any physical contact
with a person's genitals, pubic hair, perineum, anus or anal region.
Material which depicts one of the following:
The showing of the bare human male or female genitals or pubic
area with less than full opaque clothing covering;
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
The showing of the covered male genitals in a discernably turgid
state.
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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).
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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.
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:
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;
It depicts, describes or represents in a patently offensive
manner, sexual behavior as defined in this Chapter; and
It lacks serious literary, artistic, political or scientific
value when the publication or material is considered as a whole.
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.
The purpose or effect of statements, words, pictures or illustrations
depicting explicit sexual acts, as defined in this Chapter.
The patently offensive representation, depiction or description
of any of the following:
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.
Masturbation, excretory functions and lewd exhibition of the
genitals.
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]
A.
No person
shall design or allow the display of the following for or on a billboard
or sign in a public place:
1.
Any
material which exposes to public view any pictorial material that
is obscene;
2.
Any
material showing males or females in a state of nudity where the purpose
of the material is sexual arousal, gratification or affront;
3.
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;
4.
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
5.
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.
