Section 10-701
§ 10-701 Definitions. Whenever used in this chapter, the following
terms shall have the following meanings:
a. "Recording device" means a photographic or video camera, or any
audio and/or visual recording function of any device used for recording
or transmitting sound, picture, or both, of a live performance or motion
picture.
b. "Place of public performance" means (1) a theater that is used
primarily for the exhibition of motion pictures or (2) any venue that is
used for the exhibition of motion pictures or used for live theatrical
or musical performances at which the operator posts a sign that meets
the requirements of section 10-705 of this article.
c. "Unauthorized operation" means operation conducted without written
authority or permission from the owner, operator, manager or other
person having control of a place of public performance.
Section 10-702
§ 10-702 Unauthorized operation of a recording device in a place of
public performance prohibited. No person may engage in or cause or
permit another to engage in the unauthorized operation of a recording
device in a place of public performance.
Section 10-703
§ 10-703 Penalties. Any person who violates the provisions of this
chapter shall be guilty of a misdemeanor which, upon a first conviction,
shall be punishable by a term of imprisonment not to exceed six months,
by a fine of not less than one thousand dollars nor more than five
thousand dollars, or both such fine and imprisonment, and be subject to
a civil penalty not to exceed five thousand dollars. Any person who
violates the provisions of this chapter shall be guilty of a misdemeanor
which, upon a second and any subsequent conviction occurring within one
year of a first conviction, shall be punishable by a term of
imprisonment not to exceed one year, by a fine of not less than five
thousand dollars nor more than ten thousand dollars, or both such fine
and imprisonment, and be subject to a civil penalty not to exceed ten
thousand dollars. Such penalty shall be in addition to any other
penalties or sanctions that may be imposed, and such penalties shall not
limit or preclude any cause of action available to any person or entity
injured or aggrieved by such action.
Section 10-704
§ 10-704 Exception. This section shall not be interpreted to impair or
restrict any law enforcement personnel or employees of governmental
agencies or other entities, public or private, who, in the course of
their employment, attempt to capture any visual image, sound recording,
or other physical impression: (i) of a person engaging in criminal or
otherwise illegal activity; or (ii) while conducting an investigation,
surveillance, or monitoring of any person to obtain evidence of
suspected illegal activity, including the suspected violation of any
administrative rule or regulation, a suspected fraudulent insurance
claim, or any other suspected fraudulent conduct or activity involving a
violation of law or pattern of business practices adversely affecting
public health or safety.
Section 10-705
§ 10-705 Signage. The operator of a venue as defined by paragraph (2)
of subdivision b of § 10-701 of this subchapter may prominently display
at the entrance to such venue, a sign stating in conspicuous letters
that are at least three-fourths of an inch high that the unauthorized
operation of a recording device at such place of public performance is
prohibited by law and is punishable by criminal and civil penalties.
Section 10-706
§ 10-706 Rule-making authority. The police department may promulgate
rules as necessary to carry out the provisions of this chapter.