[HISTORY: Adopted by the Board of Supervisors of Falls Township 6-26-1973.
Amendments noted when applicable.]
GENERAL REFERENCES
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:
- NUDITY
- 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.
