A. The presentation and exhibition of X-rated movies or motion pictures depicting offensive nudity or sexually explicit conduct, which are objectionable for persons under the age of eighteen years and to which such persons should not be admitted to premises for the viewing of same, can in fact be seen and viewed by minors from public and private property outside the premises of drive-in theaters located within the city.

B. Because of the tremendous size of the drive-in theater screens upon which movies are projected for viewing, and because of the nearby location of single-family residences, the presentation of such offensive motion pictures are so visually apparent and obtrusive as to make it virtually impossible for an unwilling individual, adult or minor, to avoid exposure to such movies.

C. Such exposure to these X-rated or otherwise offensive movies is even thrust and forced upon persons while they are inside their private residences or in the yards outside their homes, and such visibility and exposure can and does constitute an unreasonable interference with the right of privacy of the residents of Marina inhabiting such private property.

D. Regardless of whether public presentations or exhibitions of such movies are “obscene” or constitute “pornography” within the meaning of the penal law or constitutional law, they are not constitutionally protected to an unlimited degree because, as in the present circumstances, they are thrust indiscriminately upon audiences of minors and unwilling adults and therefore constitute assaults upon individual privacy.

E. The visible presence of these offensive motion pictures can impair the value and enjoyment of public and private property in this city which is adjacent to such theaters.

F. Existing legal remedies are inadequate to correct this situation so as to prevent the exhibition of such movies from being indiscriminately forced upon unwilling and captive audiences of adults and children, so as to constitute an assault upon the individual privacy of such persons, and therefore the provisions of this chapter relating to the regulation of motion pictures shown at drive-in theaters are necessary to secure and promote the public health, morals and general welfare of persons in the city. (Ord. 77-3 § 1, 1977)