[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn 1-2-1990 by Ord. No. 18-89. Amendments noted where applicable.]
Peace and good order — See Ch 96.
Any performance is obscene if:
The average person, applying contemporary community standards, finds that the performance, taken as a whole, appeals to the prurient interest;
The performance depicts or describes in a patently offensive way sexual conduct, normal or perverted, actual or simulated; and
The performance, taken as a whole, lacks serious literary, artistic, political or scientific value.
As used in this chapter, the following terms shall have the meanings indicated:
- CONTEMPORARY COMMUNITY STANDARD
- The majority view as expressed through the Borough Council within the confines of the Borough of Oaklyn.
- Knowing or having good reason to know the character of the matter or performance.
- Any person who owns or has legal right to possession of any matter.
- Any play, motion picture, dance or other exhibition or presentation, whether pictures, animated or live, performed before an audience of one or more person(s).
- Any individual, partnership, firm, association, corporation or other legal entity.
- SEXUAL CONDUCT
- Human genitals in a state of sexual stimulation or arousal, any act of human masturbation, sexual intercourse or deviate sexual intercourse, fondling or other erotic touching of covered or uncovered human genitals, pubic regions, buttocks or female breasts.
Every person who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits any obscene performance is guilty of a disorderly person's offense.
No person who operates a bar, restaurant nightclub or similar business with or without a liquor license shall perform, show, exhibit, act or represent in any way or place whatsoever any actions that shall be lewd, obscene or indecent, including:
Any female performer who, in the presence of an audience, removes her clothing so as to make nude or give the illusion of nudeness of the lower abdomen, genital organs, buttocks or breasts or exposes in the presence of an audience or gives the illusion of nudeness in the presence of an audience of the lower abdomen, genital organs, buttocks or breasts.
Any male performer who, in the presence of an audience, exposes the genital organs or buttocks.
Any performer who uses profane, lewd, indecent or disgusting language.
Any performer who performs a dance, episode or musical entertainment which depicts sexual subjects, acts or objects offensive to public morals and decency.
Any performer who performs any dance, episode or musical entertainment, the purpose or effect of which is to direct the attention of the spectator to the breasts, buttocks or genital organs of the performer.
The enumeration of the aforesaid acts mentioned in this section shall not be construed as excluding any other acts, and acts wherein the peace and quietude of the community is invaded shall be considered as disorderly conduct punishable as a violation of this provision of this section.
It shall be an affirmative defense to a prosecution under this chapter for the defendant to show that:
The distribution was made to the recipient by a bona fide school, museum or public library or by an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization acting in the course of his employment; or
The act was done for legitimate scientific or education purposes.
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and shall, upon conviction, be fined in any amount not to exceed $500 or be imprisoned for any period not to exceed six months.
A violation of this chapter shall also be grounds for revocation of any licenses or certificate of occupancy issued by the Borough on the premises.