As used in this chapter, the following terms shall have the meanings
indicated:
DISPLAY
The use of signs, billboards, outdoor motion-picture screens and
posters clearly accessible to or visible by minors.
KNOWINGLY
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.
MINOR
Any person under the age of 18 years.
NUDITY
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.
PERSON
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.
SADOMASOCHISTIC ABUSE
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.
SEXUAL CONDUCT
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.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
SEXUAL MATERIAL HARMFUL TO MINORS
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:
A.
Predominantly appeals to the prurient, shameful or morbid interest of
minors.
B.
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.
C.
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]
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.
[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.