Article III: Obscene and Other Sexual Material

As used in this article, the following words and phrases shall have the meanings given to them in this subsection:

For the purpose of applying the contemporary community standards in this article, community means the Commonwealth of Pennsylvania.

ELECTRONIC COMMUNICATION

Any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic or photo-optical system, except:

Any wire or oral communication;

Any communication made through a tone-only paging device;

Any communication from a tracking device as defined in 18 Pa.C.S.A. § 5702.

EXPLICIT SEXUAL MATERIALS

Materials which are obscene, or:

Any picture, photograph, drawing, sculpture, motion-picture film, videotape or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or

Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in Subsection A, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.

HARMFUL TO MINORS

That quality of any description or representation in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

Predominantly appeals to the prurient, shameful, or morbid interest of minors;

Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable materials for minors; and

Taken as a whole, lacks serious literary, artistic, political, educational or scientific value for minors.

KNOWING

As used in § 59-11A(1) through (6) and (9) and (10), "knowing" means having general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry of, the character and content of any material or performance described therein which is reasonably susceptible of examination by the person charged with violation of this article.

KNOWINGLY

As used in § 59-11A(7) and (8), means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

The character and content of any material or performance described herein which is reasonably susceptible of examination by the person charged with violation of this article; and

The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the person charged with violation of this article made a reasonable bona fide attempt to ascertain the true age of such minor.

MATERIAL

Any literature, including-any book, magazine, pamphlet, newspaper, storypaper, bumper sticker, comic book or writing; any figure, visual representation, or image, including any drawing, photograph, picture, videotape or motion picture.

MINOR

Any person under the age of 18 years.

NUDE or NUDITY

The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple.

OBSCENE

Any material or performance, if

The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;

The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this article; and

The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

PERFORMANCE

Any play, dance or other live exhibition performed before an audience.

SADOMASOCHISTIC ABUSE

In a sexual context, flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or in a bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one who is nude or so clothed.

SEXUAL CONDUCT

Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, including sexual intercourse, anal or oral sodomy and sexual bestiality; and patently offensive representations or descriptions of masturbation, excretory functions, sadomasochistic abuse and lewd exhibitions of the genitals.

SEXUAL EXCITEMENT

The condition of human male or female genitals when in a state of sexual stimulation or arousal.

SUBJECT LINE

The area of an electronic communication that contains a summary description of the content of the message.

TRANSPORTATION FACILITY

Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad cars, buses, and air, boat, railroad and bus terminals and stations.

§ 59-11 Offenses enumerated.

No person, knowing the obscene character of the materials or performances involved, shall, within the Township of West Goshen:

Display or cause or permit the display of any explicit sexual materials as defined in § 59-10 in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion-picture screen, marquee or similar place in such manner that the display is visible from any public street, highway, sidewalk, transportation facility or other public thoroughfare, or in any business or commercial establishment where minors, as a part of the general public or otherwise, are or will probably be exposed to view of all or any part of such materials;

Sell, lend, distribute, exhibit, give away or show any obscene materials to any person 18 years of age or older or offer to sell, lend, distribute, exhibit or give away or show, or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene materials to any person 18 years of age or older, or knowingly advertise any obscene materials in any manner;

Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials;

Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information directly or indirectly, stating or purporting to state where, how, from whom, or by what means any obscene materials can be purchased, obtained or had;

Produce, present or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity;

Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this section.

Knowingly disseminate by sale, loan, or otherwise explicit sexual materials to a minor.

Knowingly to exhibit for monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion-picture show or other presentation or performance which, in whole or in part, depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors, except that the foregoing shall not apply to any minor accompanied by his parent.

Knowingly require any distributor or retail seller as a condition to sale or delivery for resale or consignment of any literature, book, magazine, pamphlet, newspaper, storypaper, paper, comic book, writing, drawing, photograph, videotape, figure or image, or any written or printed matter, or any article or instrument to purchase or take by consignment for purposes of sale, resale or distribution any obscene literature, book, magazine, pamphlet, newspaper, storypaper, paper, comic book, writing, drawing, photograph, videotape, figure or image, or any written or printed matter of an obscene nature or any article or instrument of an obscene nature.

Knowing the content of the advertisement to be explicit sexual materials as defined in this article, to transmit or cause to be transmitted an unsolicited advertisement in an electronic communication to one or more persons within the Township that contains explicit sexual materials.

§ 59-12 Exemption.

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.

§ 59-13 Enforcement; violations and penalties.

The Township shall enforce the terms of this Article III in a civil enforcement proceeding before a District Justice. Any person who shall violate the provisions of this article shall, upon a finding of violation by the District Justice, pay a fine not to exceed $600, costs of prosecution and reasonable attorney's fees. Each day that a violation of this article shall occur shall constitute a separate offense for which a fine of up to $600 may be imposed by the District Justice. The Township may also enforce the terms of this article by filing an action in equity in the Court of Common Pleas of Chester County. All fines and penalties collected for violation of this article shall be paid to the Township Treasurer.