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§ 133.01 DEFINITIONS.
For the purpose of §§ 133.02 through 133.07 the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   “KNOWLEDGE” or “KNOWLEDGE OF SUCH NUISANCE.” Having knowledge of the contents and character of the patently offensive sexual conduct which appears in the lewd matter.
   “LEWD MATTER.”
      (1)   Any matter which:
         (a)    The average person, applying contemporary community standards, finds, when considered as a whole, appeals to the prurient interest; and
         (b)    Depicts or describes patently offensive represen- tations or descriptions of:
            l.   Ultimate sexual acts, normal or perverted, actual or simulated; or
            2.   Masturbation, excretory functions, or exhibi-tion of the genitals or genital area.
      (2)   Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context of which it is used, possesses serious literary, artistic, political, or scientific value.
   “MATTER.” A motion picture film or a publication or both.
   “MOTION PICTURE FILM.” Any:
      (1)   Film or plate negative;
      (2)   Film or plate positive;
      (3)   Film designed to be projected on a screen for exhibition;
      (4)   Films, glass slides, or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
      (5)   Videotape or any other medium used to electronically reproduce images on a screen.
   “PERSON.” Any individual, partnership, firm, association, corporation, or other legal entity.
   “PLACE.” Any building, structure, or place, or any separate part or portion thereof whether permanent or not, or the ground itself.
   “PUBLICATION.” Any books, magazine, article, pamphlet, writing, painting, illustration, picture, sound recording, or a motion picture film which is offered for sale or exhibited in a coin- operated machine.
   “SALE.” A passing of title or right of possession from a seller to a buyer for valuable consideration and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein, and whereby any valuable consideration is received for the use of, or transfer of possession of, lewd matter.
(‘82 Code, § 21-100(1)-(8))
§ 133.02 LEWD FILMS, THEATERS.
   (A)   Any and every place in the town where:
      (1)   Lewd films are publicly exhibited as a regular course of business, or possessed for the purpose of such exhibition, or
      (2)   A lewd film is publicly and repeatedly exhibited, or possessed for the purpose of such exhibition, is a public nuisance.
   (B)   Any and every lewd film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under division (A) above, is a public nuisance per se.
(‘82 Code, § 21-200)
§ 133.03 LEWD PUBLICATIONS, BUSINESSES.
   (A)   Any and every place of business in the town in which lewd publications constitute all or a principal part of the stock in trade is a public nuisance.
   (B)   Any and every lewd publication possessed at a place which is a public nuisance under division (A) above, is a public nuisance per se.
(‘82 Code, § 21-210)
§ 133.04 KNOWLEDGE OF NUISANCE PRESUMED.
   Upon and after receiving notice through service of a certified copy hereof and certified copy of the resolution and order of summary abatement provided for herein, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in the town which is declared to be a public nuisance as set forth and stated in §§ 133.02 and 133.03 of this chapter, is deemed to be a person who has knowledge of such nuisance for the purpose of this code, and is, thereafter, responsible for its maintenance and shall be liable thereafter.
(‘82 Code, § 21-220)
§ 133.05 ACTION BY BOARD OF TRUSTEES.
   (A)   Upon investigation by the Board of Trustees or upon receipt of information from any other person as to possible violations of this chapter, the Board of Trustees shall refer the matter to the Town Attorney, who shall investigate and report back to the Board as to whether it is his opinion that a violation of this chapter has occurred. Upon receipt of this report, the Board of Trustees shall make any independent investigation it deems necessary and appropriate.
   (B)   Upon determination that a public nuisance, as defined in § 133.02 or § 133.03 of this chapter, exists in the town, the Board of Trustees, in applying the provisions hereof to such nuisance, shall provide for the following by resolution:
      (1)   Declare the fact that such a nuisance exists;
      (2)   Set forth the description or legal description of the street address of the place which constitutes the nuisance;
      (3)   Set forth a statement of facts upon which the Board of Trustees’ declaration of nuisance is based;
      (4)   Order all persons described in § 133.04 hereof to voluntarily abate such nuisance immediately, by terminating the exhibition, sale, or possession for sale of such lewd subject matter or by terminating the use of the premises for lewdness, and to supply the persons with a certified copy of the resolution.
      (5)   Order the Town Attorney to commence suit forthwith in a court of competent jurisdiction to abate the nuisance.
(‘82 Code, § 21-230)
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