Yuba County Municipal Code Ch. 8.65 Showing of Obscene Motion Picture Films at Outdoor or Drive-in Theaters

The purpose of this Chapter is to find and declare that the projection or public showing of lewd, lascivious, obscene or pornographic motion picture films in open air, outdoor or drive-in theaters is a public nuisance in this County and to prohibit the act or acts of such projection or public showing.

(Prior Code, § 8.65.010; Ord. No. 641)

(a) The Board of Supervisors finds and declares that the projection and showing of such films in such theaters is offensive to members of the public who do not enter upon or patronize the theater presenting such films, but whose attention is attracted to the screen from adjacent residences and public streets.

(b) The Board further finds that such presentations are particularly obnoxious and inimical to the welfare of children who are able to view such films from adjacent public streets, and are particularly offensive to their parents for the reason that such parents believe that the viewing of such films by minor children is harmful to their health and welfare.

(Prior Code, § 8.65.020; Ord. No. 641)

Drive-in theater as used herein is defined to be a theater in which patrons view a motion picture film presentation while in or about their vehicles, and the projection screen is not enclosed within a wall structure.

(Prior Code, § 8.65.030; Ord. No. 641)

The terms "lewd, lascivious, obscene or pornographic" as used herein, and referring to motion pictures are defined to include a motion picture film projected upon a screen which portrays uncovered male or female genitals, an uncovered female breast, or which portrays scenes of apparent heterosexual or homosexual intercourse, or scenes of male or female auto-eroticism.

(Prior Code, § 8.65.040; Ord. No. 641)

It shall be unlawful, and a violation of this Chapter, for any person, corporation or firm to project or cause to be projected upon the screen of a drive-in theater, any lewd, lascivious, obscene or pornographic motion picture or portion of a motion picture.

(Prior Code, § 8.65.050; Ord. No. 641)

Any person who violates any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof is punishable by imprisonment in the County Jail for a term not exceeding six months or a fine not exceeding $1,000.00 or both. Each separate day during which any violation occurs is a separate offense.

(Prior Code, § 8.65.060; Ord. No. 641)

State Law reference— Penalties for ordinance violations, Government Code § 25132, Penal Code § 19.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.