(a) Definitions.
(1) "Adult Live Performances" means any show, exhibition, or other presentation in front of a live audience which, (i) in whole or in part (a) is obscene as defined in W.Va. Code §7-1-4(4), (b) depicts, discusses or simulates nudity, sexual conduct, sexual excitement, masturbation, specific sexual activities, lewd conduct, or (c) contains the lewd exposure of real, prosthetic, or imitation genitals, buttocks, or breasts, (ii) appeal to the prurient interest, (iii) lacks serious literary, artistic, political or scientific value, and (iv) is patently offensive to the prevailing standards in the adult community of what is appropriate for a minor child.
(2) “Minor Child" means an individual under the age of 18 years.
(3) "Person" means any individual, partnership, firm, association, corporation, or other legal entity.
(4) "Knowingly" means having general knowledge of, reason to know, or a belief or ground for belief which warrants further inspection of (i) the age of the child, and/or (ii) the character and content of the adult live performance.
(b) Prohibited Activities.
(1) No person may knowingly permit a minor child to attend an adult live performance within the Winfield city limits of Putnam County, West Virginia.
(2) No person may knowingly perform in an adult live performance in the Winfield city limits of Putnam County, West Virginia where a minor child is present.
(3) No person may knowingly permit an adult live performance in the Winfield city limits of Putnam County, West Virginia within two hundred fifty (250) feet of a playground.
(4) This section shall be applicable to the Winfield city limits of Putnam County, West Virginia of Putnam County, West Virginia.
(c) Penalties for Violation.
(1) It is hereby unlawful for any person to violate any provisions of this section.
(2) Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county or regional jail for not more than thirty days or both fined and confined, plus any applicable court costs.
(3) Any person convicted of a second or subsequent offense under this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars ($1,000.00) or imprisoned in the county or regional jail not more than six (6) months or both fined and confined, plus any applicable court costs.
(d) Jurisdiction. The Winfield Municipal Court, Magistrate Court of Putnam County and the Circuit Court of Putnam County shall have concurrent jurisdiction with respect to misdemeanors under this section.
(e) Enforcement. This section may be enforced by any law-enforcement agency, including, but not limited to, the Winfield Police Department, Putnam County Sheriffs Department, the West Virginia State Police, the State Department of Natural Resources.
(f) Severability. The several sections and subsections of this Ordinance are severable, and if any section or subsection hereof shall be held unconstitutional, all the remaining sections or subsections shall remain valid.
(g) Effective Date. This section is effective upon passage.
(Ord. 2023-2024-1. Passed 10-10-23.)