[HISTORY: Adopted by the Mayor and Council of the Borough of Oaklyn
1-2-1990 by Ord. No. 18-89. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch 96.
Any performance is obscene if:
A.
The average person, applying contemporary community standards,
finds that the performance, taken as a whole, appeals to the prurient interest;
B.
The performance depicts or describes in a patently offensive
way sexual conduct, normal or perverted, actual or simulated; and
C.
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:
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.
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.
A.
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.
B.
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:
(1)
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.
(2)
Any male performer who, in the presence of an audience,
exposes the genital organs or buttocks.
(3)
Any performer who uses profane, lewd, indecent or disgusting
language.
(4)
Any performer who performs a dance, episode or musical
entertainment which depicts sexual subjects, acts or objects offensive to
public morals and decency.
(5)
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.
C.
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:
A.
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
B.
The act was done for legitimate scientific or education
purposes.
A.
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.
B.
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.
