Township of Hempfield, PA Chapter 59 Obscene Materials

[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield 10-19-1977 as Ord. No. 77-23. Amendments noted where applicable.]

§ 59-1 Title.

This chapter shall be known as the "Hempfield Township Obscenity Ordinance."

§ 59-2 Sale or exhibition prohibited.

It shall be unlawful for any person, partnership, corporation or other entity to knowingly sell or exhibit, for monetary gain or other valuable consideration, any obscene matter or obscene motion-picture film, as defined herein, in any place in Hempfield Township.

§ 59-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

EXHIBIT

For some valuable consideration, to offer or expose to view or to present for inspection, reading or display, to place on show, to cause to be or allow to be seen or to present as public entertainment.

MATTER

Any book, magazine, pamphlet, newspaper, writing, drawing, figure or image, or any written or printed matter.

MOTION-PICTURE FILM

Any of the following:

A. Film or plate negative.

B. Film or plate positive.

C. Film designed to be projected on a screen for exhibition.

D. Film slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen.

E. Videotape or any other medium used to electronically reproduce images on a screen.

OBSCENE MATTER or OBSCENE MOTION-PICTURE FILM

Such matter or motion-picture film which describes or depicts in a manner consistent with § 59-4 of this chapter all or any one of the following: sexual intercourse, bestiality, oral sodomy, anal sodomy, masturbation or excretory functions.

SELL

To pass title or right of possession from a seller to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of or transfer of possession of obscene matter or an obscene motion-picture film.

§ 59-4 Criteria for determining materials as obscene.

In order for the matter or motion-picture film to be considered obscene, it must, when taken as a whole, appeal to the prurient interests in sex and portray sexual conduct in a patently offensive way. In addition, the matter or motion-picture film must not have any serious literary, artistic, political or scientific value and is utterly without redeeming social value.

§ 59-5 Determination of materials as obscene.

In order to determine whether or not the obscene matter or obscene motion-picture film appeals to the prurient interests and is patently offensive and does not have serious literary, artistic, political or scientific value, it must be determined whether the average person, applying contemporary community standards, would determine, when considering the matter or motion-picture film as a whole, that it is one which appeals to the prurient interests in sex, is patently offensive and does not have any serious literary, artistic, political or scientific value.

§ 59-6 Violations and penalties.

[Amended 6-12-1989 by Ord. No. 89-13; 4-8-1996 by Ord. No. 96-4]

Any person, firm, partnership, corporation or other entity who or which shall be found by the District Justice to have violated the provisions of this chapter shall then be subject to a civil fine of not less than $50 nor more than $600, plus all court costs and reasonable attorney's fees incurred by Hempfield Township in the enforcement of this chapter in a civil enforcement proceeding. Each sale or exhibition of obscene matter or exhibition of obscene motion-picture film shall constitute a separate enforceable offense hereunder.

§ 59-7 Declaration of nuisance; order to cease and desist.

A. Whenever any obscene matter or obscene motion-picture film is sold or exhibited in Hempfield Township for valuable consideration and does appeal to the prurient interests in sex, is patently offensive and does not have any serious literary, artistic, political or scientific value when applying the contemporary community standards as indicated in § 59-5 of this chapter, the same shall and is hereby declared to be a public nuisance.

B. Whenever any person, partnership, corporation or other entity sells or exhibits obscene matter or obscene motion-picture film, such person, partnership, corporation or other entity shall, after oral or written notification by agents of the Board of Supervisors of Hempfield Township, cease and desist from the exhibiting or sale of obscene matter or obscene motion-picture film. If said person, partnership, corporation or other entity fails to cease and desist in the exhibiting or selling of obscene matter or obscene motion-picture film, Hempfield Township shall be and is hereby granted the power to proceed in an action in equity to obtain a mandatory injunction ordering said person, partnership, corporation or other entity from further sale or exhibition of any obscene matter or obscene motion-picture film; provided however, that any action to obtain a mandatory injunction, as mentioned herein, shall not be done by the seeking of a preliminary injunction without a hearing. Rather, in any action to seek an injunction, a right to a hearing must be afforded to the person, partnership, corporation or other entity allegedly exhibiting or selling obscene matter or obscene motion-picture film.