Section 26 Sexually Oriented Business (part 2 of 2)

PENALTIES ARE APPLICABLE UNDER THE STATE OF UTAH PENAL CODE, IF A PERSON FAILS OR REFUSES TO OBEY OR COMPLY WITH OR VIOLATES ANY OF THE CRIMINAL PROVISIONS OF THIS ORDINANCE, SUCH PERSON UPON CONVICTION OF SUCH OFFENSE, SHALL BE GUILTY OF A MISDEMEANOR AND SHALL BE PUNISHED BY A FINE NOT TO EXCEED FIVE THOUSAND DOLLARS ($5,000.00) OR BY IMPRISONMENT NOT TO EXCEED ONE HUNDRED EIGHTY (180) DAYS IN THE JAIL, OR BOTH, IN THE DISCRETION OF THE COURT. EACH VIOLATION OR NON-COMPLIANCE SHALL BE CONSIDERED A SEPARATE AND DISTINCT OFFENSE. FURTHER, EACH DAY OF CONTINUED VIOLATION OR NON-COMPLIANCE SHALL BE CONSIDERED AS A SEPARATE OFFENSE. NOTHING HEREIN CONTAINED SHALL PREVENT OR RESTRICT THE TOWN FROM TAKING SUCH OTHER LAWFUL ACTION IN ANY COURT OF COMPETENT JURISDICTION AS IS NECESSARY TO PREVENT OR REMEDY ANY VIOLATION OR NONCOMPLIANCE. SUCH OTHER LAWFUL ACTIONS SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, AND EQUITABLE ACTION FOR INJUNCTIVE RELIEF OR AN ACTION AT LAW FOR DAMAGES. FURTHER, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE TOWN FROM PROSECUTING ANY VIOLATION OF THIS ORDINANCE. ALL REMEDIES AND PENALTIES PROVIDED FOR IN THIS SECTION SHALL BE CUMULATIVE AND INDEPENDENTLY AVAILABLE TO THE TOWN AND THE TOWN SHALL BE AUTHORIZED TO PURSUE ANY AND ALL REMEDIES SET FORTH IN THIS SECTION TO THE FULL EXTENT ALLOWED BY LAW. IMMUNITY FROM PROSECUTION. THE TOWN, ITS EMPLOYEES, POLICE, PERSONNEL RESPONDING TO HEALTH AND SAFETY ISSUES CREATED BY THE OPERATION OF THE SEXUALLY EXPLICIT BUSINESS AND CITIZENS OF THE TOWN OF ELSINORE EXERCISING THEIR RIGHTS TO ENSURE ENFORCEMENT OF ORDINANCES WILL BE IMMUNE FROM PROSECUTION, CIVIL OR CRIMINAL, FOR REASONABLE, GOOD FAITH TRESPASS UPON A SEXUALLY ORIENTED BUSINESS. PROHIBITION OF DISTRIBUTION OF SEXUAL DEVICES. IT IS UNLAWFUL FOR ANYONE TO DISTRIBUTE, FOR COMMERCIAL PURPOSES, SELL OR OFFER FOR SALE ANY DEVICE, INSTRUMENT OR PARAPHERNALIA DESIGNED OR MARKETED PRIMARILY FOR STIMULATION OF HUMAN GENITAL ORGANS OR FOR SADOMASOCHISTIC USE OR ABUSE OF THEMSELVES OR OTHERS. SUCH DEVICES, INSTRUMENTS OR PARAPHERNALIA INCLUDE BUT ARE NOT LIMITED TO, PHALLIC SHAPED VIBRATORS, DILDO'S, MUZZLES, WHIPS, CHAINS, BATHER RESTRAINTS, RACKS, ENEMA KITS, BODY PIERCING IMPLEMENTS (EXCLUDING EARRINGS OR OTHER DECORATIVE JEWELRY) OR OTHER TOOLS OF SADOMASOCHISTIC ABUSE. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY A FINE OF UP TO $1,000.00- AND SIX-MONTHS INCARCERATION, OR BOTH. SEVERABILITY. IF ANY SECTION, SUBSECTION OR CLAUSE OF THIS ORDINANCE SHALL BE DEEMED TO BE UNCONSTITUTIONAL OR OTHERWISE INVALID, THE VALIDITY WITH THE REMAINING SECTION, SUBSECTION AND CLAUSES SHALL NOT BE AFFECTED THEREBY. CONFLICTING ORDINANCE REPEALED. ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED SECTION 26, SEXUALLY ORIENTED BUSINESS – PAGE 19 SECTION 26, SEXUALLY ORIENTED BUSINESS – PAGE 20