This chapter is titled the "Obscenity Ordinance."
It is the policy and purpose of this chapter to regulate obscene matter
in Montgomery Township and to provide penalties and enforcement methods for
violations of the Obscenity Ordinance. It is expressly stated that the Obscenity
Ordinance strictly applies only to those matters and acts prohibited by it,
and it is not the intention of the Obscenity Ordinance to abridge any right
given or protected by the Constitution of the Commonwealth of Pennsylvania
or the Constitution of the United States of America.
As used in this chapter, the following terms shall have the meanings
indicated:
ADULT POPULACE
All persons 18 years of age or older at the time of the alleged dissemination
of obscene matter.
COMMUNITY
The adult populace in general throughout the Township of Montgomery
on or about the time of the alleged dissemination of the obscene matter.
CONTEMPORARY COMMUNITY STANDARDS
The general conscience, tolerance, customs, habits, practices, morality
or social mores of the community adult populace as a whole, in existence on
or prior to the time of the alleged dissemination of the obscene matter.
DISSEMINATION
A.
"Dissemination" means any exhibition, sale, delivery, transfer, offer,
agreement or providing to another of or any offering or agreeing to exhibit,
sell, deliver, transfer or provide to another of or having in his possession
with intent to exhibit, sell, deliver, transfer, or provide to another any
representation, portrayal, depiction or embodiment of the obscene matter,
including but not limited to any obscene writing, movie, picture, videotape,
act, dance, show, depiction, performance, device, record, recording tape,
theatrical or other stage play or other obscene material which may be shown,
displayed, exhibited, sold, delivered, transferred or provided to another.
B.
"Dissemination" does not mean possession of obscene material by an individual
for purely private noncommercial use in any private dwelling.
OBSCENE
Matter is "obscene" if it meets each of the three following definitions:
A.
The average person applying contemporary community standards would find
that the work, taken as a whole, appeals to the prurient interest.
B.
The work depicts or describes, in patently offensive way, sexual conduct
which either:
(1)
Represents or describes ultimate sexual acts, normal or perverted; or
(2)
Represents or describes masturbation, excretory functions or lewd exhibition
of genitals.
C.
The work, taken as a whole, lacks serious literary, artistic, political
or social value.
PRURIENT INTEREST
A great or consuming interest in nudity, sexual acts, excrement,
violence connected with sexual acts, genitals, sexual devices and other similar
matters or objects.
No person or persons belonging to or employed by an entity or group
may knowingly and intentionally disseminate obscene matter in the Township
of Montgomery.
Every person who is authorized to arrest any person for a violation
of this chapter is equally authorized to seize any obscene matter found in
that person's possession or control and to deliver the same to the court before
whom the person so arrested is required to be taken, or it may be taken upon
order of that court to an appropriate and secure law enforcement evidence
storage room.
Hearings under the Obscenity Ordinance shall be held before a District
Justice.