[Ord. No. 532, 9/6/2022]
As used in this Part, the following terms shall have the meanings
indicated:
AUDIENCE
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
DISPLAY PUBLICLY
Exposing, placing, posting, exhibiting, or in any other fashion
displaying in any location, whether public or private, material or
a performance in such a manner that it may be readily seen, and its
content or character distinguished by viewing it in or from a public
place or vehicle.
DISSEMINATE
Manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the
same.
LEWD MATERIAL
Any material or performance which all of the following elements
are present:
1.
Considered as a whole by the average person, applying the contemporary
unity standards of the Township of West Lebanon, it appeals to the
prurient interest in sex.
2.
It depicts, describes or represents in a patently offensive
way, sexual conduct, as hereinafter defined.
3.
Taken as a whole, it lacks serious literary, artistic, political,
educational, or scientific values.
MATERIAL
Any printed matter, visual representation, or sound recording,
including, but not limited to books, magazines, motion picture films,
pamphlets, newspapers, pictures, photographs, drawings, three-dimensional
forms, sculptures, and phonograph, tape or wire recordings.
NUDITY
Uncovered, or less than opaquely covered, post-pubertal human
genitals or pubic area, the post-pubertal human female breast below
a point immediately above the top of the areola or the covered human
male genitals in a discernable turgid state. For the purpose of this
definition, a female breast is considered uncovered if the nipple
only or the nipple and the areola only are covered.
PANDER
Advertising or propagandizing in connection with the sale
of material, the offering of a service, or the presentation or exhibition
of a performance by appealing to the prurient interest of potential
customers.
PERFORMANCE
Any live or reproduced exhibition including but not limited
to any play, motion picture film, dance or appearance presented to
or performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation,
or other legal entity.
PRURIENT INTEREST
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with reference to the average person, unless it appears
from the character of the material or performance that it is designed
to appeal to the prurient interest of a particular group of persons,
including but not limited to, homosexuals or sadomasochists. In that
case, it shall be judged with reference to the particular group for
which it was designed.
PUBLIC PLACE OR VEHICLE
Any street, alley, park, boulevard, school or other public
property or any dance hall, rental hall, theater, amusement park,
liquor establishment, store, depot, place of public accommodation,
or other private property in the Township generally frequented by
the public for the purposes of education, recreation, amusement, entertainment,
sport, shopping or travel; or any vehicle for public transportation,
owned or operated by the government, either directly or through a
public corporation or authority, or owned or operated by any nongovernmental
agency for the use, enjoyment or transportation of the general public.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in a sexually revealing or bizarre costume,
or the condition of such person being fettered, bound or otherwise
physically restrained, in an apparent act of sexual stimulation or
gratification.
SEXUAL CONDUCT
2.
Sexual intercourse, whether genital-genital, oral-genital, oral-anal,
or anal-genital.
3.
Any erotic fondling or touching of the covered or uncovered
genitals, buttocks, pubic area, or any part of the breasts of the
female, whether the conduct described in Subsections A through C is
engaged in alone or between members of the same or opposite sex, or
between humans and animals or humans and inanimate objects.
4.
Actual or simulated display or exhibition of the human pubic
area or genitals or any part thereof.
5.
Sexual excitement, as hereinafter defined.
6.
Sadomasochistic abuse as herein defined.
SEXUAL EXCITEMENT
The facial expressions, movements, utterances or any other
physical responses of a human male or female, whether alone or with
others, whether clothed or not, who is in an apparent state of sexual
stimulation or arousal, or experiencing the physical or sensual reactions
of humans engaging in or witnessing sexual conduct. As used in this
Part, the masculine shall include the feminine and neuter.
Any person who violates or permits a violation of this provision
of the Code of Ordinances of West Lebanon Township shall, upon conviction
thereof, be sentenced to pay a fine of not less than $100 nor more
than $1,000, and/or to be imprisoned for a period not to exceed 30
days. A separate offense shall arise for each day or portion thereof
in which a violation is found to exist.
The Solicitor of West Lebanon Township may institute proceedings
in equity in the Court of Common Pleas of Lebanon County for the purpose
of enjoining any violation or potential violation of this Part.