[Ord. 77, 5/9/1983, § 1]
The following words and phrases when used in this Part shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this Section:
Any materials which are obscene materials or:
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 sado-masochistic
abuse and which is harmful to minors.
Any book pamphlet, magazine, printed mater, however reproduced, or sound recording which contains any matter enumerated in subsection (1) of this definition, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
Includes, not is not limited to, any building, structure,
space or ground or any separate part or portion thereto whether permanent
or not which is open to admission by the general public or to which
membership is available to the general public with the exception of
guests' rooms in hotels, inns or motels.
Any facility providing temporary overnight accommodations
which is licensed for such purpose by the State pursuant to Article
II, Act of March 4, 1971 (P.L. 6, No. 2), known as the Tax Reform
Code of 1971.
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:
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 Section.
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
Any individual, partnership, firm, association, corporation
or other legal entity.
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 artificial human penis, vagina, or anus or other device
primarily designed, promoted or marketed to physically stimulate or
manipulate the human genitals, public area, perineum or anal area
including, but not limited to, vibrators, dildos, penisators and penis
rings except that this shall not include any such device which is
sold, distributed or displaced for a bona fide medical, psychological,
legislative, judicial or law enforcement purpose by a physician, psychologist,
pharmacist, legislator, judge, prosecutor or law enforcement officer.
[Ord. 77, 5/9/1983, § 2]
1.
Solicitation. All facilities are declared to be public nuisances
where activities occur which through action or solicitation result
in or are intended to result in:
2.
Performance. All facilities are declared to be a public nuisance
wherein the acts specified in subsections (1)(A) and (B) are performed
before a live audience of one or more persons in a patently offensive
manner and the acts taken as a whole lack serious literary, artistic,
political, educational or scientific value and the average adult person,
applying contemporary community standards, would find that the acts,
when considered as a whole, appeal to the prurient interest.
3.
Sales. All facilities are declared to be public nuisances in which
sexual devices are sold, distributed or displayed.
4.
Obscene and Explicit Sexual Materials. All facilities are declared
to be public nuisances in which a person shall:
A.
Display, or cause or permit the display of any explicit sexual materials
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 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 of knowingly advertise
any obscene materials in any matter.
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 subsection.
F.
Sell, loan or otherwise disseminate explicit sexual materials to
any person under the age of 17 years.
[Ord. 77, 5/9/1983, § 3]
Upon and after receiving notice through service of a true and
correct copy of this Part and a true and correct copy of the complaint
in equity to abate a public nuisance as defined herein, any and every
person duly served pursuant to the rules of civil procedure who shall
own, legally, or equitably, lease, maintain, manage, conduct or operate
a facility which is declared to be a public nuisance as set forth
in this Section is deemed to be a person who has knowledge of such
nuisance for the purpose of this Section and may, thereafter, be responsible
for its maintenance and liable therefore.
[Ord. 77, 5/9/1983, § 4]
1.
Action in Equity. The Township may maintain an action in equity to
enjoin any person from owning, leasing, maintaining, managing, conducting
or operating a facility which is a public nuisance as specified herein.
2.
Forfeiture. From and after service of a true and correct copy of
this Part and the complaint in equity as provided for in the Rules
of Civil Procedure, all money or other valuable consideration thereafter
paid as an admission price or for services rendered or as rent to
an owner for the privilege of continuing to operate a public nuisance
shall be turned over to the Township upon the issuance of an order
by the local court of common pleas enjoining the operation of the
nuisance and requiring an accounting by the defendant for all of said
moneys.
3.
Procedure. Upon the trial on the merits of the permanent injunction,
if the court finds a facility to be a public nuisance, the court may
issue an order closing the facility to all uses and purposes for the
period of one year. If the offenders or persons owning, in control
or in charge of such facility certify that the public nuisance has
been abated and that the facility will no longer be operated as a
public nuisance and post a pond in an amount not to exceed the value
of the personal property possessed or contained at such place for
the maintenance of the public nuisance the court may release such
person or persons from the closure order, the bond shall be deposited
with the court prior to the release of any closure order and shall
be returned to the person posting said bond without interest at the
expiration of one year; provided, that the public nuisance is not
maintained or reestablished within that year.
4.
Remedies Cumulative. The right to pursue all and any other available
remedies shall be reserved by the Township, and all such remedies
shall be cumulative.
[Ord. 77, 5/9/1983, § 5]
Nothing in this Part shall apply to any recognized historical
society or museum accorded charitable status by the Federal Government,
any country, 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.
