Chapter 7 - UNAUTHORIZED RECORDING IN A PLACE OF PUBLIC PERFORMANCE

Section 10-701

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

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

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

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

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

Section 10-706

  §  10-706  Rule-making authority. The police department may promulgate
rules as necessary to carry out the provisions of this chapter.