[HISTORY: Adopted by the Board of Commissioners of the Township of Spring Garden 5-14-1980 by Ord. No. 114 (Ch. 6, Part 3, of the 1994 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- That sexual conduct hereinafter defined which to the average person, by contemporary community standards, has as its dominate theme, when taken as a whole, an appeal to prurient interest. A matter may only be found "obscene" if:
- A. The average person applying contemporary community standards would find that such matter taken as a whole appeals to the prurient interest in sex;
- B. The subject matter hereinafter described is depicted or described in a patently offensive way; and
- C. The subject matter taken as a whole lacks serious literary, artistic, educational or scientific value.
- Any individual, corporation, trust, business, entity, association, and shall include any agent, officer, servant and employee of any business entity.
- PUBLIC LIBRARY
- A depository of works of general knowledge and shall not include a repository of obscene materials designed to circumvent the purpose of this chapter.
- SEXUAL CONDUCT
- The subject, matter or type of sexual conduct referred to herein as "obscene" shall only include patently offensive representations, descriptions or the display of acts of sexual intercourse; acts of anal or oral sodomy, actual or simulated; and patently offensive representations, descriptions or display of masturbation, excretory functions, sexual intercourse or sodomy with animals; and patently offensive exhibitions of the male and female genitals with the actor actually or in a simulated state of sexual excitement.
The use of any real property by any person for the purpose of selling, showing or displaying any obscene literature, motion picture, books, magazines, pamphlets, newspapers, comic books, writings, drawings, photographs, figures, images or any written matter of an obscene nature or any article or instrument or recording of an obscene nature to members of the public is declared to be an unlawful act, and the same is likewise declared to be a public and common nuisance.
The sale or display of any obscene material itemized in the preceding subsection in or along the streets, sidewalks, parks or at or along any public place in this Township that may be viewed by members of the public is declared an unlawful act, and the same is likewise declared to be a public and common nuisance.
The use of private property used only for residential purposes by an owner, his family or invitees for the purpose of showing or displaying obscene material shall not be an unlawful act prescribed hereunder.
The Solicitor of this Township or any other person as may be expressly authorized by this Township shall have authority to bring all necessary proceedings in a court of equity in the Court of Common Pleas of York County, Pennsylvania, or in such other court as may be deemed appropriate, to enjoin any person who shall use or permit his property to be used for the purposes prohibited herein.
Nothing in this chapter shall apply to any public library or to the library of any school, college or university or any archive or library under the supervision and control of the Commonwealth of Pennsylvania, County of York, Spring Garden Township, or any other municipality or political subdivision.
[Amended 5-11-1988 by Ord. No. 224; 12-14-1994 by Ord. No. 94-5]
Any person who commits, participates in or permits the violation of any of the terms of this chapter shall, upon conviction thereof, be sentenced for each violation to pay a fine of not less than $10 nor exceeding $600 and costs of such proceedings and, in default thereof, to undergo imprisonment for a period not exceeding 30 days.
Each day that any violation shall continue shall constitute a separate offense hereunder and shall be punishable as such.