[Added 9-24-1990 by Ord. No. 90-583]
No person, knowing the obscene character of
the materials involved, shall:
A.
Display or cause or permit the display of any explicit sexual materials as defined in § 165-282 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.
B.
Sell, lend, distribute, exhibit, give away or show
any obscene materials to any person 17 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 17 years of age or
older or knowingly advertise any obscene material 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.
Hire, employ, use or permit any minor child to do
or assist in doing any act or thing mentioned in this section.
As used in this article, the following words
and phrases shall have the meanings given to them in this section:
For the purpose of applying the contemporary community standards
in this section, "community" means the Township.
As used in § 165-281, 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 described herein which is reasonably susceptible of examination by the defendant.
Any literature, including any book, magazine, pamphlet, newspaper,
storypaper, comic book or writing, and any figure, visual representation
or image, including any drawing, photograph, picture or motion picture,
if:
A.
The average person applying contemporary community
standards would find that the subject matter, taken as a whole, appeals
to the prurient interest;
B.
The subject matter depicts or describes in a patently
offensive way sexual conduct of a type described in this section;
and
C.
SEXUAL CONDUCT
TRANSPORTATION FACILITY
The subject matter, taken as a whole, lacks serious
literary, artistic, political, educational or scientific value.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations or descriptions of masturbation, excretory
functions and lewd exhibition 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.
No person shall knowingly disseminate by sale,
loan or otherwise explicit sexual materials to a minor. "Explicit
sexual materials," as used in this section, means materials which
are obscene or:
A.
Any picture, photograph, drawing, sculpture, motion-picture
film 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
B.
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.
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 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.
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse, when it:
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 described
herein which is reasonably susceptible of examination by the defendant;
and
The age of the minor; provided, however, that
an honest mistake shall constitute an excuse from liability hereunder
if the defendant made a reasonable bona fide attempt to ascertain
the true age of such minor.
Any person under the age of 17 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 clad in undergarments,
a mask or 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 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.
No person shall 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, 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, figure
or image or any written or printed matter of an obscene nature or
any article or instrument of an obscene nature.
The Township Solicitor may institute proceedings
in equity in the Court of Common Pleas of the county in which any
person violates or clearly is about to violate this article for the
purpose of enjoining such violation. The Court shall issue an injunction
only after written notice and hearing and only against the defendant
to the action. The Court shall hold a hearing within three days after
demand by the attorney for the Township, one of which days must be
a business day for the Court, and a final decree shall be filed in
the office of the Prothonotary within 24 hours after the close of
the hearing. A written memorandum supporting the decree shall be filed
within five days of the filing of the decree. The attorney for the
Township shall prove the elements of the violation beyond a reasonable
doubt. The defendant shall have the right to trial by jury at said
hearing.
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.
