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