Stanislaus County Municipal Code Ch. 6.20 Drive-in Theaters

The board of supervisors finds that explicit exhibitions of human sexuality and nudity at drive-in theaters have been viewed by minors from public and private property outside the premises of drive-in theaters in the county; that drivers of motor vehicles on streets and highways in the county are dangerously distracted by viewing such exhibitions at drive-in theaters; that such portrayals and exhibitions at drive-in theaters have been so obtrusive as to make it impossible for an unwilling individual to avoid exposure to them; that the visibility of such portrayals and exhibitions at drive-in theaters has impaired the value and enjoyment of public and private property in this county adjacent to such theaters; and that the visibility of such portrayals and exhibitions from private property beyond the theater's boundaries constitutes an unreasonable interference with the right of privacy of residents inhabiting such private property. The board further finds that existing legal remedies are inadequate to correct this condition which has a significant impact upon the citizens of this county. The provisions of this chapter relating to the regulation of explicit portrayal and exhibition of human sexuality and nudity at drive-in theaters are, therefore, necessary for the public welfare.

(Prior code §7-160(a))

The board of supervisors declares that the purpose of this chapter is to exercise the general police power in order to protect the enjoyment of public and private property, to protect the right to privacy, to preserve property values, to protect the morals of minors, and to promote traffic safety and control. This chapter is intended to regulate the explicit portrayal and exhibition of human sexuality and nudity in motion pictures, still pictures, slides, shows and other exhibits at drive-in theaters when such portrayal or exhibition is visible from public or private property outside the premises upon which the theater is located. This chapter shall not apply to indoor theaters.

(Prior code §7-160(b))

For purposes of this chapter, "drive-in theater" means and includes any land or premises containing a stage or screen designed primarily for the presentation and exhibition of motion pictures, still pictures, slides or shows.

(Prior code §7-161(c))

A. The showing or exhibition at a drive-in theater of any motion picture, still picture, slide, show or other exhibit visible from property outside the premises of the drive-in theater which, in whole or in part, depicts or displays the human male or female genitals or pubic area with less than a full opaque covering shall constitute a public nuisance.

B. The showing or exhibition at a drive-in theater of any motion picture, still picture, slide, show or other exhibit visible from property outside the premises of the drive-in theater which depicts or displays human beings or caricatures of human beings engaging in acts or simulated acts of sexual intercourse, oral copulation, rectal intercourse, anilingus, fellatio, cunnilingus or bestiality shall constitute a public nuisance.

(Prior code §7-181(a), (b))

The criminal liability provision of Chapter 1.36 are inapplicable to persons creating the public nuisance described in Section 6.20.040.

(Prior code §7-163)

A public nuisance maintained or existing in violation of this chapter shall be enjoined, abated and prevented in the manner provided for the abatement of a public nuisance by the laws of the state or by local ordinance.

(Prior code §7-162; Ord. CS 705 §9, 1999)