[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:
The average person applying contemporary community standards
would find that such matter taken as a whole appeals to the prurient
interest in sex;
The subject matter hereinafter described is depicted or described
in a patently offensive way; and
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.
A depository of works of general knowledge and shall not
include a repository of obscene materials designed to circumvent the
purpose of this chapter.
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.
A.
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.
B.
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]
A.
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.
B.
Each day that any violation shall continue shall constitute a separate
offense hereunder and shall be punishable as such.
