[HISTORY: Adopted by the Board of Supervisors of Falls Township 6-26-1973. Amendments noted when applicable.]
Peace and good order — See Ch. 170.
Any photograph, drawing or other visual material depicting nudity or sexual conduct or sadomasochistic activities which appeals predominantly to prurient interest in sex, when displayed so as to be visible to and without solicitation by any member of the public at large who is lawfully in or on any building, state highway or Township road, facility, vehicle or area proximate to and in the environs of said display and is then and there involuntarily exposed to viewing same, is hereby declared to be and is prohibited as a nuisance offensive to the general public and further prohibited as inimicable to the maintenance by the Supervisors of the peace, good government and welfare of the Township.
The following definitions are applicable to § 166-1 of this chapter:
- 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.
- SADOMASOCHISTIC ACTIVITIES
- 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
- An act of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
[Amended 12-1-1977 by Ord. No. 77-9; 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person, firm or corporation who violates or permits a violation of this chapter shall be guilty of a summary violation and, upon conviction, shall be sentenced to pay a fine of not more than $1,000, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense. In default of the payment of any fine, the defendant shall be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses. Further, the appropriate officers or agents of the Township are hereby authorized to file a citation for such summary violation.
The Board of Supervisors, in addition to other remedies, may institute any appropriate action or proceeding in law or equity to prevent such nuisance and unlawful activity.