Pursuant to the authority granted in the Second
Class Township Code to prohibit nuisances and to promote the health,
cleanliness, comfort and safety of the citizens of Uwchlan Township
and the authority of political subdivisions of the Commonwealth of
Pennsylvania to enact local ordinances to regulate, inter alia, the
sale, distribution, display and exhibition of and activities concerning
obscene and other sexual material as provided for in 18 Pa.C.S.A.
§ 5903(k), and as upheld by the United States District Court
for the Eastern District of Pennsylvania in Brown v. Pornography Commission
of Lower Southampton Township, 620 F. Supp 1199 (E.D. Pa. 1985), the
Township of Uwchlan enacts the following article.
Terms used within this article shall have the
meanings as defined in 18 Pa.C.S.A. § 5903(B) and (E), entitled
"Obscene and Other Sexual Materials and Performances." The text of
18 Pa.C.S.A. § 5903 is appended hereto as Appendix A and
is incorporated herein by reference thereto.
Nothing in this article shall apply to any recognized
historical society or museum accorded charitable status by the federal
government, any county, city, borough, township or town library, any
public library, any library of any school, college or university or
any archive or library under the supervision and control of the commonwealth
or a political subdivision.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.