Township of Chestnuthill, PA
Monroe County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Chestnuthill 10-3-1978 by Ord. No. 55. Amendments noted where applicable.]
Findings. The Board of Supervisors of Chestnuthill Township hereby finds and declares that:
The commercial exploitation of explicit sexual conduct through the public dissemination and/or display of obscene and pornographic material by certain commercial enterprises exists throughout the Commonwealth of Pennsylvania.
Such materials and displays are becoming increasingly accessible to minors.
The availability of such material to minors within this Township constitutes a detriment to the public health, safety and convenience and the morals and general welfare of all of the inhabitants hereof.
Purpose. Therefore, it is hereby declared to be the policy of the Board of Supervisors of Chestnuthill Township to deter and prevent the operation of any business within this Township which devotes all or part of its activities to the dissemination or display of such harmful sexual material to minors.
As used in this chapter, the following terms shall have the meanings indicated:
The use of signs, billboards, outdoor motion-picture screens and posters clearly accessible to or visible by minors.
Having knowledge of the character, nature and content of the material involved or the failure on notice to exercise reasonable inspection which would disclose the character and content of the same.
Any person under the age of 18 years.
The showing of the human male or female genitals, public 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.
A natural person, partnership or corporation, and, whenever used in a clause describing or imposing a penalty, the term "person," as applied to a partnership, shall mean the partners or members thereof and, as applied to corporations, shall mean the officers and/or agents thereof.
Flagellation or torture by or upon a person clad in undergarments, a mask or 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 or physical contact with a person's clothed or unclothed genitals, public area, buttocks or, if such person be a female, breast.
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
Any picture, photograph, drawing, motion-picture film, book, pamphlet, magazine or other printed matter containing or depicting nudity, sexual conduct, sexual excitement or sadomasochistic abuse, as defined herein, when such material:
Predominantly appeals to the prurient, shameful or morbid interest of minors.
Portrays sexual conduct in a manner which is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
Taken as a whole, is without redeeming social importance for minors.
No person within this Township shall knowingly sell, rent, distribute, exhibit, show, transmit, display or offer to sell, rent, distribute, exhibit, show or transmit or display sexual materials harmful to minors, as defined in § 76-2, to any minor.
[Amended 6-25-1992 by Ord. No. 1992-05[1]]
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each prohibited transaction involving sexual material harmful to minors shall be deemed to constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any commercial establishment which engages in any transaction or display prohibited in § 76-3 shall be deemed to be a public nuisance.
The Board of Supervisors of Chestnuthill Township may take any action it deems appropriate to abate or enjoin any such public nuisance.
[Added 6-25-1992 by Ord. No. 1992-05]
Any conflict between the provisions of this chapter and those of 18 Pa.C.S.A. § 5903 shall be construed in favor of those of the statutory provisions.