Chapter 4 — SHOWING OF SEXUALLY EXPLICIT MOTION PICTURES

Sections:

6-3200 - FINDINGS.

This Board of Supervisors finds and declares:

(a)

That certain operators of motion picture projection equipment are operating their equipment in such a manner and in such places that the depiction of explicit sexual acts can be viewed off the premises on which the projector is operated;

(b)

That certain parents of minor children do not want their children to be exposed to the depiction of explicit sex acts;

(c)

That viewing by minor children of the depiction of explicit sex acts without the consent of their parents or legal guardian is harmful to the health, education, and welfare of such minor children;

(d)

That certain adults are offended by the fact that they cannot sit or stand on their own property without they or their guests being exposed to the depiction of explicit sex acts;

(e)

That public policy and common sense dictates that the citizens of this community should be allowed to enjoy the use of their houses and yards without the unwanted intrusion of the depiction of explicit sex acts;

(f)

That the depiction of explicit sex acts can be viewed from certain streets, roads, or highways within the unincorporated area of the County of San Joaquin;

(g)

That the sight of such depiction of explicit sex acts, while driving a motor vehicle upon the streets, roads, or highways within the unincorporated area of the County of San Joaquin may cause the driver thereof to have an accident;

(h)

That the operation of motion picture projection equipment in a manner so as to cause the depiction of explicit sex acts to be seen by persons driving a motor vehicle along the streets, roads, or highways within the unincorporated area of the County of San Joaquin is hazardous to the driving public;

(i)

That it is possible and practicable for operators of motion picture projection equipment to operate in a manner which will not violate this chapter;

(j)

That this chapter represents the minimum regulation necessary to protect the rights of persons who are located off the premises where the pictures are projected and who desire for aesthetic, moral, religious, or safety reasons not to be exposed to the depiction of explicit sex acts.

(Ord. 2917)

6-3201 - UNLAWFUL ACTS.

It shall be unlawful for any person to operate, or to cause or to direct the operation of, motion picture projection equipment where:

(a)

The picture projected depicts acts of sexual intercourse, masturbation, sodomy, fellatio, cunnilingus, bestiality, oral copulation, or analingus; and

(b)

The projected sex acts can be seen by minor children beyond the property line of the property on which the projection equipment is being operated; or

(c)

The projected sex acts can be seen beyond the property line of the property on which the projection equipment is being operated by persons residing on other parcels of property; or

(d)

The projected sex acts can be seen beyond the property line of the property on which the projection equipment is being operated by persons who are driving a motor vehicle along the streets, roads, or highways within the unincorporated area of the County of San Joaquin.

As used in this section, "property line" means that property line depicted in the Official Maps of the County Assessor.

(Ord. 2917)

6-3202 - VIOLATIONS.

A violation of this chapter shall be deemed a public nuisance and a misdemeanor.

(Ord. 2917)