[Adopted 10-19-1977 by Ord. No. 39]
It shall be unlawful for any person with knowledge
to openly or publicly show, exhibit or display, or aid or assist in
showing, exhibiting or displaying, any lewd motion-picture film at
any place or drive-in motion-picture theater, as defined, on a billboard,
window, wall, display board, viewing screen, motion-picture screen,
marquee or similar place, in such a manner that the lewd motion-picture
film is visible to and without solicitation by any member of the traveling
public, or to the public at large who is lawfully in or on any building,
state highway, Township road, facility, vehicle or area proximate
to and in the environs of said display.
As used in § 39-1, 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 of Chadds Ford, Delaware County, Pennsylvania.
Having knowledge of the contents and character of the patently
offensive sexual conduct, or demonstration, which appears in such
lewd film, or reason to know or believe or grounds for belief, which
warrants further inspection or inquiry of the character and content
of the lewd film described therein which is reasonably susceptible
of examination by the person.
Any motion-picture film:
Which the average person, applying contemporary
community standards, would find, when considered as a whole, appeals
to the prurient interest; and
Which depicts or describes, in a patently offensive
way, sexual conduct of a type described herein; and
The subject matter of which, taken as a whole,
lacks serious literary, artistic, political, educational or scientific
value.
Includes any:
Film or plate negative;
Film or plate positive;
Film designed to be projected on a screen for
exhibition;
Films, glass slides or transparencies, either
a negative or a positive form designed for exhibition by projection
on a screen; and
Videotape or any other medium used to electronically
reproduce images on a screen.
Any individual, partnership, firm, association, corporation,
its officers or other legal entity, as well as ticket seller, ticket
taker, usher, motion-picture projection machine operator, manager,
owner, or any other person connected with or employed by any place
as defined herein located in Chadds Ford Township, Delaware County,
Pennsylvania.
Includes, but is not limited to, any building, structure
or place, or any separate part or portion thereof, whether permanent
or not, or the ground itself, or any drive-in motion-picture theater,
wherein the display of such lewd film is visible to and without solicitation
by any member of the public at large who is lawfully in or on any
building, state highway, Township road, facility, vehicle or area
proximate to and in the environs of said display of such lewd motion-picture
film.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations or descriptions of masturbation, sexual
conduct such as female and/or male masturbation, fellatio, cunnilingus,
anal sodomy, seminal ejaculation, sadomasochistic abuse, heterosexual
intercourse and other excretory functions and lewd exhibition of the
genitals.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
