[HISTORY: Adopted by the Board of Supervisors
of the Township of Athens 6-26-1974 by Ord. No. 32. Amendments noted where
applicable.]
GENERAL REFERENCES
Amusements — See Ch. 60.
It is hereby declared that any photograph, drawing
or other visual material depicting nudity, sexual conduct or sadomasochistic
activities which appeals predominantly to the prurient sexual interest
of an individual, 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 the same, is declared to
be and is prohibited as a nuisance offensive to the general public
and further prohibited as inimicable to the maintenance of the peace,
good government and welfare of the Township.
The following definitions are applicable to
this chapter:
The showing of the human male or female genitals,
pubic area or buttocks with less than a full 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, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person is a female, breast.
Any owner, tenant or occupant of any premises
or property who knowingly permits or allows the nuisance or unlawful
activity aforesaid to be displayed or presented upon any property
of which he is an owner, tenant or occupant shall be guilty of a violation
of this chapter.
[Amended 12-18-1991 by Ord. No. 92; 8-28-1996 by Ord. No.
128; 10-27-1999 by Ord. No. 159]
Any person, partnership, association, firm or
corporation who shall violate any of the provisions of this chapter
shall be guilty of a summary offense. Upon conviction thereof, such
offender shall be subject to a fine of not less than $100 nor more
than $1,000. Each and every showing, display or presentation of such
violation shall constitute a separate offense.
