HomeMy WebLinkAbout94-104
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 94-104
being a By-Law to Regulate the Display and Sale of Adult
Magazines and Adult Films/Videotape
WHEREAS Subsection 225(1) of The Municipal Act, R.S.O. 1990,
Chapter M.45, provides that by-laws may be passed by the Councils
of all municipalities for licensing, regulating, governing,
classifying and inspecting adult entertainment parlours or any
class or classes thereof;
AND WHEREAS Subsection 225(9) of The Municipal Act, R.S.O. 1990,
Chapter M.45, defines an "adult entertainment parlour" as any
premises or part thereof in which is provided, in pursuance of a
trade, calling, business or occupation, goods or services
appealing to or designed to appeal to erotic or sexual appetites
or inclinations;
AND WHEREAS, Subsection 225(9) of The Municipal Act, R.S.O. 1990
Chapter M.45, defines "goods" as including books, magazines,
pictures, slides, film, phonograph records, pre-recorded magnetic
tape and any other reading, viewing or listening matter;
AND WHEREAS, the Council of the Corporation of the Municipality
of Clarington considers it desirable to pass a by-law to regulate
the display of adult magazines and adult videotapes;
NOW THEREFORE, the Council of the Corporation of the Municipality
of Clarington enacts as follows:
DEFINITIONS:
1. In this By-law,
(a) "adult magazine" means any book or magazine
designed to appeal to erotic or sexual appetites
or inclinations through the pictorial,
photographic or other graphic depiction of subject
matter distinguished or characterized by:
(i) the portrayal of one or more persons involved
or engaging in specified sexual activities;
or,
(ii) by an emphasis on the display of human
specified body areas.
(b) "adult film or videotape" means any film or
videotape designed to appeal to erotic or sexual
appetites or inclinations through the pictorial,
photographic or other graphic depiction of subject
matter distinguished or characterized by;
(i) the portrayal of one or more persons involved
or engaging in specified sexual activities;
or
(ii) by an emphasis on the display of human
specified body areas;
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(c)
(d)
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"adult film or videotape area" means a room which is
separate and distinct from any other part of the
premises or an identifiable part of any premises,
which room or identifiable part is devoted principally
to the provision of adult films or videotapes, or of
such films or videotapes and any other goods designed
to appeal to erotic or sexual appetites or inclinations,
and where the adult film or videotape area is not a
separate and distinct room, it includes the area within
three metres of any adult film or videotape;
"operator" means every person;
(i) who provides in any premises or part thereof, in
pursuance of a trade, calling, business or occu-
pation, either or both adult magazines or adult
films or videotapes; or,
(ii) who operates any premises or part thereof in which
either or both adult magazines or adult films or
videotapes are so provided;
(e) "specified body areas" means one or more of the
fdl10wing:
(f)
GENERAL :
(i) in the case of a female person, her nipples or
areolae; and,
(ii) in the case of all persons, the genitals, perineum
or the anus.
"specified sexual activities" means one or more of
actual or simulated sexual intercourse, masturbation,
urination, defecation, ejaculation, sodomy, including
bestiality, anal intercourse, oral sexual intercourse,
direct physical stimulation of unclothed genital organs,
and flagellation or torture in the context of a sexual
relationship or activity.
2. Every operator who provides adult magazines in any premises or
part thereof, or who operates such premises or part thereof,
shall comply with the following regulations in respect of such
premises or part thereof:
( a)
(b)
no adult magazine shall be displayed at a height of less
than 1.5 metres above floor level, unless such magazine
is in a part of the premises to which the public is not
permitted physical access; and,
every adult magazine offered for public sale or publicly
displayed in such premises, or part thereof, shall be
placed behind an opaque barrier of a size and nature
which shall ensure that the cover of such magazine while
being so displayed, except for the name thereof, cannot
be seen by any member of the public.
3. Every operator who provides adult films or videotape in any
premises or part thereof, or who operates such premises or
part thereof, may provide an adult or videotape area in
such premises or part thereof, according to the following
regulations:
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(i) no operator shall permit any person under the age of
eighteen years to enter or remain in any adult film or
videotape area in which any adult films or videotapes
are provided; and,
(ii) every operator shall post and keep posted at every
approach to such adult film or videotape area, signs
sufficient to indicate clearly to every person
approaching or entering such area and to every person
in such area, that no person under the age of eighteen
years is permitted to enter or remain in such area.
4. (1) Every operator who provides adult films or videotapes
in any premise or part thereof, other than an adult
film or videotape area, or who operates premises or
part thereof, in which films or videotapes are provided,
shall comply with the following regulations in respect
of such premises or part thereof:
(i) no adult films or videotapes or cover or container
thereof shall be displayed at a height of less
than l.5 metres above floor level, unless such
films or videotapes are in a part of the premises
to which the public is not permitted physical
access; and,
(ii) all adult films or Yideotapes offered or displayed
for provision in such premises or part thereof
shall be placed behind an opaque barrier of a size
and nature which shall ensure that the cover or
container of every such film or videotape while
being offered or displayed, except for the name
thereof, may not be seen by any member of the
public.
(2) Any operator who, in respect of any premises or part
thereof operated by him in which he provides or in
which is provided adult films or videotapes, provides
an adult film or videotape area in accordance with the
requirement of Section 3 of this by-law in respect of
all such films or videotapes provided therein, shall
not be required to comply with Subsection 4(1) of this
by-law.
5. No operator who provides adult magazines or adult films or
videotapes in any premises or part thereof, or who operates
such premises or part thereof shall sell, rent or otherwise
provide an adult magazine or an adult film or videotape to
any person under the age of eighteen years.
PENALTIES:
6. Any person who contravenes any of the provisions of this
by-law is guilty of an offence.
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SEVERABILITY:
7. Should any part of this by-law be declared by a Court of
competent jurisdiction to be invalid in part or in whole,
the validity of the other provisions of this by-law shall
not be affected thereby, the intent of Council being that
each provision of the by-law shall be determined to be
separately valid and enforceable to the fullest extent
permitted by law.
By-law read a first and second time this 11 thday of July
1994
By-law read a third time and finally passed thisllth day of July
1994
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DEPUTY
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