Article 13 Nuisances, Morals, Conduct
Section 13.1: Public Playgrounds and Parks
It shall be unlawful for any person or persons to loiter, assemble or use any public park and/or recreation area in the Town between the hours of 9:00 p.m. and 8:00 a.m. local time, or as otherwise posted. Exceptions to this Section are permissible only by written permit properly dated and approved by the Town Council.
Section 13.2: Defacing or Damaging Plantings
It shall be unlawful for any person or persons to purposely damage or deface by cutting, breaking, or otherwise damaging any tree, shrub or planting along the sidewalks, the public rights-of-way or other public areas within the Town.
Section 13.3: Penalty
Any person violating the provisions of this Article shall be guilty of an infraction and shall, upon conviction, be fined not more than one hundred dollars ($100.00) for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.
Section 13.4: Obscene Performances In Licensed Establishments
It shall be unlawful for any of the following to occur or to take place on the premises of any restaurant, bar, tavern, club, cabaret, or any other establishment wherein alcoholic beverages and/or intoxicating liquors are offered for sale:
A. With respect to attire and conduct:
(1.) Employment or use of any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.
(2.) Employment or use of the services of any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire, costume or clothing as described in paragraph (a) above.
(3.) Encouragement of or permitting any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any other person.
(4.) Permitting any employee or person to wear or use any device or covering exposed to view, which stimulates the breast, genitals, anus, pubic hair or any portion thereof.
B. With respect to entertainment provided:
(1) Permitting any person to perform acts of or acts which stimulate:
(I.) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
(II.) The touching, caressing or fondling of the breast, buttocks, anus or genitals.
(III.) The displaying of the pubic hair, anus, vulva or genitals.
(2) Permitting any person to use artificial devices or inanimate objects to depict, perform or stimulate any activity prohibited by subparagraph (a) above.
(3.) Exhibiting or showing any motion picture film, still picture, electronic reproduction or other visual reproduction depicting:
(I.) Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.
(II.) Any person being touched, caressed, or fondled on the breast, buttocks, anus or genitals.
(III.) Scenes wherein a person displays the vulva and anus or the genitals.
(IV.) Scenes wherein artificial devices or inanimate objects are employed to depict or drawings are employed to portray, any of the prohibited activities described above.
(4.) Permitting any person to remain in or upon the licensed premises who exposes to public view any portion of his or her genitals or anus.
(5.) No provision of this section shall be deemed to permit any conduct or form of attire prohibited by any other provision of statute, ordinance, rule or regulation in the Town of Forest Heights.
C. Any person violating the provisions of this Article shall be guilty of an infraction and shall, upon conviction, be fined not more than one hundred dollars ($100.00) for the first offense. Repeat offenders may be assessed a fine not to exceed $200.00 for each repeat offense.
Section 13.5: Obscene Performances in the Town of Forest Heights, Maryland
A. Any person who as actor, dancer, owner, manager, producer, director or agent or in any other capacity, prepares, gives, directs, presents, performs or participates in any obscene performance, exhibition, drama, play, show, dancing exhibition, tableau, or entertainment in which live persons perform or participate in an obscene manner in the presence of any other person or persons who have paid a consideration of any types whatsoever to observe the exhibition or performance; and
B. Every owner, lessee, or manager of any theatre, garden, building, room, place or structure, who knowingly permits the same to be used for the purpose of any such exhibition as enumerated in paragraph 1 hereof, or who assents to its use for any such purpose shall be guilty of an infraction and shall be fined in the amount not to exceed one hundred dollars ($100) for the first offense. Repeat offenders may be assessed a fine not to exceed $200 for each repeat offense.
C. For the purpose of this Section, an obscene performance, exhibition, drama, play, show, dancing exhibition, tableau or entertainment shall be defined as one in which the dominant theme of the same, when taken as a whole, appeals to prurient interest in sex of the audience, affronts contemporary community standards relating to representation of sexual matters and is utterly without redeeming social value.
Section 13.6: Hazardous Conduct
It shall be unlawful and deemed hazardous conduct for any person without proper state licensing and/or a medical prescription to possess, consume, or distribute any drug or drug paraphernalia within the Town of Forest Heights. Any person arrested within the Town of Forest Heights for any drug related offense under this section deemed a misdemeanor or felony by the State of Maryland shall be guilty of a hazardous conduct municipal infraction and shall be fined $1,000. In the case of a minor, said minor child's parent(s) or guardian(s) shall be directly liable for satisfying the applicable fine.