[HISTORY: Adopted by the Board of Supervisors of the Township
of Newtown 6-9-1997 by Ord. No. 1997-2. Amendments noted where applicable.]
Pursuant to the authority granted in the Second Class Township
Code[1] to prohibit nuisances and to promote the health, cleanliness,
comfort and safety of the citizens of Newtown Township and the authority
of political subdivisions of the Commonwealth of Pennsylvania to enact
local ordinances to regulate activities concerning obscene and other
sexual material as provided for in 18 Pa.C.S.A. § 5903(k)
and as upheld by the United States District Court for the Eastern
District of Pennsylvania in Brown v. Pornography Commission of Lower
Southampton Township, 620 F. Supp. 1199 (1985), the Township of Newtown
enacts the following chapter.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
No persons, knowing the obscene character of the materials or
performances involved, shall, within the Township of Newtown:
A.
Display or cause or permit the display of any explicit sexual material, as defined in § 109-3, 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 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 material
to any person under the age of 18 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
material to any person under the age of 18 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 material can be purchased,
obtained or had;
E.
Produce, present or direct any obscene performance or participate
in a portion thereof that is obscene or that contributes to its obscenity;
or
F.
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 chapter, 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 chapter, the state.
As used in § 109-2, 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 or performance described therein which is reasonably susceptible of examination by the person charged with violation of this chapter.
Any literature, including any book, magazine, pamphlet, newspaper,
story paper, bumper sticker, comic book or writing; any figure, visual
representation, or image, including any thawing, photograph, picture,
videotape or motion picture.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or showing the
female breast with less than a fully opaque covering of any portion
thereof below the top of the nipple.
Any material or performance, if:
The average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
The subject matter depicts or describes in a patently offensive
way, sexual conduct of a type described in this chapter; and
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
Any play, dance or other live exhibition performed before
an audience.
In a sexual context, flagellation or torture by or upon a
person who is nude or clad in undergarments, a mask or in a bizarre
costume, or the condition of being fettered, bound or otherwise physically
restrained on the part of the one who is nude or so clothed.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, including sexual
intercourse, anal or oral sodomy and sexually bestiality; and patently
offensive representations or descriptions of masturbation, excretory
functions, sadomasochistic abuse and lewd exhibitions 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 material,"
as used in this section, means materials which are obscene or:
A.
Any picture, photograph, drawing, sculpture, motion-picture film,
videotape 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 § 109-3, Subsection B of the definition of "obscene," 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 monetary
consideration to premises whereon there is exhibited a motion-picture
show or other presentation or performance 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:
Predominantly appeals to the prurient, shameful, or morbid interest
of minors; and
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable materials for minors;
and
Taken as a whole, lacks serious literary, artistic, political,
educational or scientific value for minors.
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 or performance described
herein which is reasonably susceptible to examination by the person
charged with violation of this chapter; and
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the person
charged with violation of this chapter made a reasonable bona fide
attempt to ascertain the true age of such minor.
Any person under the age of 18 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 who is clad in
undergarments, a mask or in 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,
sexual bestiality or physical contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person be 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, story paper,
paper, comic book, writing, drawing, photograph, videotape, 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,
story paper, paper, comic book, writing, drawing, photograph, videotape,
figure or image, or any written or printed matter of an obscene nature
or any article or instrument of an obscene nature.
Nothing in this chapter 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.
Any person who shall violate the provisions of this chapter
shall, upon summary conviction before any Magisterial District Judge,
pay a fine not to exceed $600 and costs of prosecution. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the person who shall have violated this chapter may be sentenced and
committed to the county jail for a period not exceeding 30 days.
