LL 03 Prohibiting Display Obscene Material i
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
County
City Queensbur
of.............................. .....................Y...................................................................
Town
Village
Local Law No.........................3............................... of the year 19 _..84..
A local law PROHIBITING DISPLAY TO MINORS OF OBSCENE MATERIAL
-(i,,....ia.j .... .... ........... ....
Be it enacted by the .........Town Board ................................. of the
........................ ...............................................................
(Napo of twaialative Body)
County
Cityof........................................................... ue.ej1Sb1.1ICy...................................................................... as follows:
Town
Village
SECTION 1. No person within the Town of Queensbury shall display at stores, drug
stores, newstands, or any other business establishment frequented by minors or where
said minors are or may be invited as a part of the general public any magazine, picture,
photograph, book, pocket book, pamphlet or calendar, the cover or content of which
depicts or describes nudity, sexual conduct, sexual excitement, or sado-masochistic abuse
and which shall be harmful to minors.
SECTION 2. The following definitions are applicable to Section 1 of this Local Law:
a. "Minor" means any person less than seventeen years old.
b. "Nudity" means the showing of the human male or female genitals, pubic area
or buttocks with less than a full opaque covering, or the showing of the female breast
with less than a fully opaque covering of any portion thereof below the top of the nipple,
or the depiction of covered male genitals in a discernably turgid state.
c. "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse,
or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person be a female, breast.
d. "Sexual excitement" means the condition of human male or female genitals
when in a state of sexual stimulation or arousal.
e. "Sado-masochistic abuse" means flagellation or torture by or upon a person
clad in undergarments, a mask or bizarre costume, or the condition of being fettered,
bound or otherwise physically restrained on the part of one so clothed.
f. "Harmful to minors" means that qualit� of any description or representation,
in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic
abuse, when it:
1pl§"(If additional space is needed, please attach sheets of the same size as this and number each)-W
Page 1
r
(1) Considered as a whole, appeals to the prurient interest in sex of minors; and
(2) Is patently offensive to prevailing standards in the adult community as a whole
with respect to what is suitable material for minors; and
(3) Considered as a whole, lacks serious literary, artistic, political and scientific
value for minors.
SECTION 3. Penalty: A person who violates any provision of this article is guilty
of a misdemeanor.
SECTION 4. Effective date: This Local Law shall take effect immediately upon
filing thereof in the Office of the Secretary of State.
Page 2
l ,
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. .....3..........of 19..$4
County
C.tty Queensbur y p y Town., Board
of the Town of............................Y........ was duly passed b the ............. ...........................................................
Village (Name of Legislative Body)
Ma
'rl .y...��...................... 19.8k in accordance with the applicable provisions of law,
'. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
hereby certify that the local law annexed hereto,designatedas local law No. ....................of 19........
Cutility
of the City
]'own of......................................was duly passed by the ..................................................................................
i (Name of Legislative Body)
Village
not disapproved
on ..................................................19........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
Of the City
of......................................was duly passed by the......................................................................................
Town
(Name of Legislative Body)
Village not disapproved
on.. ................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief Cxecutive Officer*
on... . .. _ . .....................19........ Such local law was submitted to the people by reason of a
mandator},
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum,)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
ofthe city ofof...................................... was duly passed by the................................................................................on
(Name of Legislative Body)
Village not disapproved
...................................................... 19........ and was approved by the .........................................................on
repassed after disapproval Elective Chief Executive Officer*
......". ....................................................19........ . Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...•... ............................... 19......... in accordance wthh the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or vWsxe or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
Page 3
+�. (Cit) local law concerning Charter re%ision proposed by petition.)
I herebti certify that the local Idw annexed hereto,designated as local law No. ....................of 19........
of the City of.......................................................................... having been submitted to referendum pursuant to the
provisions of § 36 of the 1;unicipal Home Rule Law,and having received the affirmative vote of a majority
of the qualified electors of such city- voting thereon at the special election held on ..................................
general
................ 19............became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
W I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph...........1.............. above.
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: May 22 , 1984
t
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF........Warren
...........................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
. . . . . . . . . . . . . . A. . . . . . . . . . . .
Signature
Town Counsel
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Title
Date: May 22 , 1984 County
City of Queenu
...sb.........ry...............................
Town
Village
Page y
NOTICE OF
PUBLIC HEARING
The Town Board of the Town of ! STATE OF NEW YORK
Queensbury will meet on Tues-
day, May 22, 1984 at the County of Warren, ss.:
Queensbury Town Office Build-
ing, Bay and Haviland Roads,
Glens Falls, New York at 7:30 I `1 being duly sworn, says that she is principal clerk
p.m. to consider the adoption of 1
a Local Law to prohibit the I for Glens Falls Newspapers, Inc., publishers of THE POST-STAR, a daily newspaper
display of obscene materials to
minors published in Glens Falls, Warren County, State of New York, and that the printed notice
At this hearing all persons will
be.heard both in favor of and attached hereto was cut from the said POST-STAR and that the said notice was published
opposed to said proposed local
law• therein, namely,
Copies of the Local Law will be
available in the office of the - �
Town Clerk. 1.c = 19—T
Dated:May 8,1984
Donald A.Chase <.-
Town Clerk Signed this day of '' 19 '
Pub:May 12,1984
Sworn to before me this
day of I"_3r 19 �84
Notary Public.
ELEANOR V. DRAC AULEY
Notary Pu, c in ; c S,,e of r.ew York
•c❑ County /
MY Cc n,.. c h:alch 30, 19.�p
N
jj
5�
NYS Department of State
Bureau of State Records „
162 Washington Avenue
Albany, NY 12231 w
Donald A. Chase
Town Clerk
Town. of Oueensbury
Town Office Bldg.
Bay & Haviland Rds.
R.D. #1
Glens Falls, N.Y. 12801
Dace: Jtme 'ZO,. .1984
Dear Sir/Madam:
3
Please be advised that Local Law(s)No.
of 1984 of the TOM of QliAengbir►T
was/were received and filed on l`'Ta)z 2-91 1984
Additional forms for filing local laws with this office will be forwarded upon
request.
NYS Department of State
Bureau of State Records
383602-004(12/82)