[Adopted 10-3-1995 as Ord. No. 198]
Pursuant to the authority granted in the Second Class Township Code[1] to prohibit nuisances; to promote the health, cleanliness, comfort
and safety of the citizens of Concord 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 (1985), the Township of Concord
enacts the following provisions.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A.
Offenses defined. No person, knowing the obscene character
of the materials or performances involved, shall, within the Township of Concord:
(1)
Display or cause or permit the display of any explicit sexual materials as defined in Subsection C 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 all or any part of such materials;
(2)
Sell, lend, distribute, exhibit, give away or show any
obscene materials to any person 18 years of age or older; 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;
(3)
Design, copy, draw, photograph, print, utter, publish
or in any manner manufacture or prepare any obscene materials;
(4)
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;
(5)
Produce, present or direct any obscene performance or
participate in a portion thereof that is obscene or that contributes to its
obscenity; or
(6)
Hire, employ, use or permit any minor child to do or
assist in doing any act or thing mentioned in this subsection.
B.
COMMUNITY
KNOWING
MATERIAL
NUDE
OBSCENE
(1)
(2)
(3)
PERFORMANCE
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
TRANSPORTATION FACILITY
[1]Definitions. Except as otherwise provided in Subsection E, the terms used in this article shall have the meanings indicated in this subsection:
For the purpose of applying the contemporary community standards
in this article, the term "community" means the state.
As used in Subsection A, the term "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 to examination by the person charged with violation of this article.
Any literature, including any book, magazine, pamphlet, newspaper,
storypaper, bumper sticker, comic book or writing; or any figure, visual representation
or image, including any drawing, photograph, picture, videotape or motion
picture.
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 or 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.
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.
C.
Dissemination to minors. No person shall knowingly disseminate,
by sale, loan or otherwise, explicit sexual materials to a minor. "Explicit
sexual materials," as used in this subsection, means:
(1)
Materials which are obscene;
(2)
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
(3)
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in Subsection C(2) 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.
D.
Admitting minor to show. It shall be unlawful for any
person 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.
E.
HARMFUL TO MINORS
(1)
(2)
(3)
KNOWINGLY
(1)
(2)
MINOR
NUDITY
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SEXUAL EXCITEMENT
Definitions. As used in Subsections C and D of this section, the following terms shall have the meanings indicated:
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.
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 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 the showing of the female breast
with less than a fully opaque covering of any portion thereof below the top
of the nipple, or the depiction of covered male genitals in a discernibly
turgid state.
Flagellation or torture by or upon a person who is clad in undergarments
or a mask or in bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
Acts of masturbation, homosexuality, sexual intercourse, sexual bestiality
or physical contact with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person be a female, breast.
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
F.
Requiring sale as a condition of business dealings. No
person shall knowingly require any distributor or retail seller as a condition
of 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.
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.
[Amended 12-3-1996 by Ord. No. 206]
A.
Any person who shall violate any provision of this article
or permits the violation of any provision of this article shall pay a fine
of $600.
B.
Each violation for each separate day and each violation
of any provision of this article shall constitute a separate and distinct
violation.
C.
Any person who violates or permits the violation of any
provision of this article shall, upon being found liable therefor in a civil
enforcement proceeding commenced by Concord Township, pay the fine prescribed
by this article, plus all court costs, including reasonable attorney fees,
incurred by Concord Township.
D.
Enforcement of this article shall be the responsibility
of the Township Manager, Zoning Officer, Building Inspector, Plumbing Inspector
or Fire Marshal, as appropriate, who shall follow the enforcement procedure
set forth in this article.
