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