[HISTORY: Adopted by the Board of Supervisors
of the Township of Conewago 5-11-1983 by Ord. No. 1983-K. Amendments noted where
applicable.]
For the purpose of this chapter, the words and
phrases set forth below shall have the meanings respectively ascribed
to them:
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
The exposing, placing, posting, exhibiting or in any other
fashion displaying in any location, whether public or private, material
or a performance in such a manner that it may be readily seen and
its content or character distinguished by normal unaided vision viewing
it from a public place or vehicle.
To manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the same.
Any printed matter, visual representation, or sound recording,
and includes but is not limited to books, magazines, motion-picture
films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensional
forms, sculptures, figures, images, instruments, devices and phonograph,
tape or wire recordings.
Any person under 18 years of age.
Uncovered, or less than opaquely covered, post-pubertal human
genitals or pubic area, the post-pubertal human female breast below
a point immediately above the top of the areola or the covered human
male genital in a discernibly turgid state. For the purpose of this
definition, a female breast is considered uncovered if the nipple
and the areola only are covered.
Advertising or propagandizing in connection with the sale
of material, the offering of a service or the presentation or exhibition
of a performance by appealing to the prurient interest of potential
customers.
Any live or reproduced exhibition, including but not limited
to any play, motion-picture film, dance or appearance presented to
or performed before an audience.
Any person, partnership, corporation or association.
Relating to pornography.
Any material or performance if all of the following elements
are present: considered as a whole, by the average person, applying
the contemporary community standards of the Township of Conewago,
it appeals to the prurient interest; it depicts, describes or represents,
in a patently offensive way, sexual conduct or nudity, as hereinafter
defined; and it lacks serious literary, artistic, political or scientific
value.
Any material or performance if all of the following elements
are present: considered as a whole by the average person applying
the contemporary community standards of the Township of Conewago with
respect to what is suitable for minors, it is presented in such a
manner as to appeal to a minor's prurient interest; it depicts, describes
or represents, in a patently offensive way, nudity or sexual conduct,
as hereinafter defined; and it lacks serious literary, artistic, political
or scientific value for minors.
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with reference to average persons, unless it appears from
the character of the material or performance that it is designed to
appeal to the prurient interest of a particular group of persons,
including but not limited to homosexuals or sadomasochists. In that
case, it shall be judged with reference to the particular group for
which it was designated.
Any of the streets, alleys, parks, boulevards, schools or
other public property in the Township, or any dance hall, rental hall,
theater, amusement park, liquor establishment, store, depot, place
of public accommodation or other private property generally frequented
by the public for the purposes of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public
transportation, owned or operated by government, either directly or
through a public corporation or authority, or owned or operated by
any nongovernmental agency for the use, enjoyment or transportation
of the general public.
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in a sexually revealing or bizarre costume,
or the condition of such person being fettered, bound or otherwise
physically restrained in an apparent act of sexual stimulation or
gratification.
The facial expressions, movements, utterances or other responses
of a human male or female, whether alone or with others, whether clothed
or not, who is in an apparent state of sexual stimulation or arousal,
or experiencing the physical or sensual reactions of humans engaging
in or witnessing sexual conduct.
A.
It shall be unlawful for any person to promote pornography.
A person commits the offense of promoting pornography if, knowing
its content and character, he:
(1)
Disseminates or causes to be disseminated any pornographic
material in or from a public place or vehicle, or for valuable consideration;
or has in his possession any pornographic material with intent to
so disseminate; or knowingly allows the use of any business, building,
vehicle or place owned, leased, conducted or managed by him for such
dissemination of pornographic material; or
(2)
Sells an admission ticket or pass to premises where
there is being exhibited or is about to be exhibited material or a
performance which is pornographic; or
(3)
Admits, by accepting a ticket or pass, a person to
premises where there is being exhibited or is about to be exhibited
material or a performance which is pornographic; or
(4)
Produces, presents, directs or knowingly allows the
use of any business, building, vehicle or place owned, leased, conducted
or managed by him to be used for a pornographic performance before
an audience; or
(5)
Participates in that portion of a live performance
before an audience which makes it pornographic; or
(6)
Panders, displays publicly or disseminates door to
door any pornographic material or performance or causes such pandering,
public display or door-to-door dissemination.
B.
For the purpose of this section, possession of two
or more identical copies of any pornographic materials by any person
engaged in the business of disseminating material, as defined above,
shall be prima facie evidence of possession with intent to disseminate
for valuable consideration.
A.
It shall be unlawful for any person to promote pornography
for minors. A person commits the offense of promoting pornography
for minors if, knowing its content and character, he:
(1)
Disseminates or causes to be disseminated to a minor
material which is pornography for minors or knowingly allows the use
of any business, building, vehicle or place owned, leased, conducted
or managed by him for the dissemination to a minor of material which
is pornography for minors; or
(2)
Exhibits to a minor a motion-picture film or other
performance which is pornography for minors; or
(3)
Sells to a minor an admission ticket or pass to any
building, vehicle or place where there is being exhibited or is about
to be exhibited a motion-picture film or other performance which is
pornography for minors; or
(4)
Admits a minor to any building, vehicle or place where
there is being exhibited or is about to be exhibited a motion-picture
film or other performance which is pornography for minors; or
(5)
Knowingly produces, presents, directs or allows the
use of any business, building, vehicle or place owned, leased, conducted
or managed by him for the presentation of performance which is pornography
for minors, before an audience which includes a minor; or
(6)
Displays publicly or disseminates door to door any
material or performance which is pornography for minors or causes
such public display or door-to-door dissemination.
It shall be an affirmative defense to a prosecution under § 107-2 or 107-3 of this chapter if the pornographic material was disseminated by a person who was acting in his capacity as:
A.
A teacher of an accredited course of study related
to pornography at a state approved educational institution; or
B.
A licensed medical practitioner or psychologist in
the treatment of a patient; or
C.
A participant in the criminal justice system, such
as a legislator, judge, prosecutor, law enforcement official or other
similar or related position; or
A.
Any person who violates or permits the violation of
this chapter 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 chapter that is violated
shall also constitute a separate offense.
[Amended 12-20-1999 by Ord. No. 1999-Q]
B.
Injunction. The Conewago Township Board of Supervisors
may institute proceedings in equity in the Court of Common Pleas of
Adams County, Pennsylvania, for the purpose of enjoining the sale,
resale, lending, distribution, exhibit, gift or show of such pornographic
literature, book, magazine, pamphlet, newspaper, storypaper, paper,
comic book, writing, drawing, photograph, figure or image, or any
written or printed matter of an obscene nature, or any article or
instrument of a pornographic nature, contrary to the provisions of
this section, and for such purposes jurisdiction is hereby conferred
upon said Court. A preliminary injunction may issue and a hearing
thereafter be held thereon in conformity with the Rules of Civil Procedure
upon the averment of the Board that the sale, resale, lending, distribution,
exhibit, gift or show of such publication constitutes a danger to
the welfare or peace of the community.
