[Adopted 5-14-2003 by Ord. No. 9-2003]
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.
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:
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.
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.
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.
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.
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.
Any person under the age of 18 years.
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.
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.
Any play, dance or other live exhibition performed before
an audience.
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.
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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
The area of an electronic communication that contains a summary
description of the content of the message.
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.
No person, knowing the obscene character of
the materials or performances involved, shall, within the Township
of West Goshen:
A.
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;
B.
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;
C.
Design, copy, draw, photograph, print, utter, publish
or in any manner manufacture or prepare any obscene materials;
D.
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;
E.
Produce, present or direct any obscene performance
or participate in a portion thereof that is obscene or that contributes
to its obscenity;
F.
Hire, employ, use or permit any minor child to do
or assist in doing any act or thing mentioned in this section.
G.
Knowingly disseminate by sale, loan, or otherwise
explicit sexual materials to a minor.
H.
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.
I.
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.
J.
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.
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.
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.
