[Adopted 7-17-1997 by Ord. No. 241]
Pursuant to the authority granted in the Second Class Township
Code to prohibit nuisances; to promote the health, cleanliness, comfort
and safety of the citizens of Forks Township and the authority of
political subdivisions of the Commonwealth of Pennsylvania to enact
local ordinances to regulate, inter alia, the sale, distribution,
display and exhibition of and activities concerning obscene and other
sexual material as provided for in 18 P.S. § 5903(k) and
as upheld by the United States District Court for the Eastern District
of Pennsylvania, in Brown v. Pornography Commission of Lower Southampton
Township, 620 F. Supp 1199 (1985), the Township of Forks enacts the
following article.
No person, knowing the obscene character of the materials or
performances involved, shall, within the Township of Forks:
A.
Display or cause or permit the display of any explicit sexual materials as defined in § 65-3 in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion-picture screen, marquee or similar place in such manner that the display is visible from any public street, highway, sidewalk, transportation facility or other public thoroughfare, or in any business or commercial establishment where minors, as a part of the general public or otherwise, are or will probably be exposed to view all or any part of such materials;
B.
Sell,
lend, distribute, exhibit, give away or show any obscene materials
to any person 18 years of age or older or offer to sell, lend, distribute,
exhibit or give away or show, or have in his possession with intent
to sell, lend, distribute, exhibit or give away or show any obscene
materials to any person 18 years of age or older, or knowingly advertise
any obscene materials in any manner;
C.
Design,
copy, draw, photograph, print, utter, publish or in any manner manufacture
or prepare any obscene materials;
D.
Write,
print, publish, utter or cause to be written, printed, published or
uttered any advertisement or notice of any kind giving information,
directly or indirectly, stating or purporting to state where, how,
from whom or by what means any obscene materials can be purchased,
obtained or had;
E.
Produce,
present or direct any obscene performance or participate in a portion
thereof that is obscene or that contributes to its obscenity; or
F.
Hire,
employ, use or permit any minor child to do or assist in doing any
act or thing mentioned in this section.
[Amended 3-4-1999 by Ord. No. 250]
As used in this article, the following words and phrases shall
have the meanings given to them in this subsection:
For the purpose of applying the contemporary community standards
in this article, "community" means the State of Pennsylvania.
That quality of any description or representation in whatever
form of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse, when it:
Predominantly appeals to the prurient, shameful or morbid interest
of minors.
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable materials for minors.
Taken as a whole, lacks serious literary, artistic, political,
educational or scientific value for minors.
As used in § 65-2A, "knowing" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by the person
charged with violation of this article; and
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the person
charged with violation of this article made a reasonable bona fide
attempt to ascertain the true age of such minor.
Any literature, including any book, magazine, pamphlet, newspaper,
storypaper, bumper sticker, comic book or writing; any figure, visual
representation or image, including any drawing, photograph, picture,
video tape or motion picture.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or showing 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.
Any material or performance, if:
The average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest.
The subject matter depicts or describes in a patently offensive
way, sexual conduct of a type described in this article.
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
Any play, dance or other live exhibition performed before
an audience.
In a sexual context, flagellation or torture by or upon a
person who is nude or clad in undergarments, a mask or in a bizarre
costume, or the condition of being fettered, bound or otherwise physically
restrained on the part of one who is nude or so clothed.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, including sexual
intercourse, anal or oral sodomy and sexual bestiality or physical
contact with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person be a female, breast; and patently
offensive representations or descriptions of masturbation, excretory
functions, sadomasochistic abuse and lewd exhibitions of the genitals.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
Any conveyance, premises or place used for or in connection
with public passenger transportation, whether by air, rail, motor
vehicle or any other method, including aircraft, watercraft, railroad
cars and buses and air, boat, railroad and bus terminals and stations.
No person shall knowingly disseminate by sale, loan or otherwise
explicit sexual materials to a minor. "Explicit sexual materials,"
as used in this subsection, means materials which are obscene, or:
A.
Any
picture, photograph, drawing, sculpture, motion-picture film, video
tape or similar visual representation or image of a person or portion
of the human body which depicts nudity, sexual conduct or sadomasochistic
abuse and which is harmful to minors.
B.
Any book, pamphlet, magazine or printed matter, however reproduced, or sound recording which contains any matter enumerated in § 65-2, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
It shall be unlawful for any person knowingly to exhibit for
monetary consideration to a minor, knowingly to sell to a minor an
admission ticket or pass or knowingly to admit a minor for a monetary
consideration to premises whereon there is exhibited a motion-picture
show or other presentation or performance which, in whole or in part,
depicts nudity, sexual conduct or sadomasochistic abuse and which
is harmful to minors, except that the foregoing shall not apply to
any minor accompanied by his parent.
No person shall knowingly require any distributor or retail
seller as a condition to sale or delivery for resale or consignment
of any literature, book, magazine, pamphlet, newspaper, storypaper,
paper, comic book, writing, drawing, photograph, video tape, figure
or image, any written or printed matter or any article or instrument
to purchase or take by consignment for purposes of sale, resale or
distribution any obscene literature, book, magazine, pamphlet, newspaper,
storypaper, paper, comic book, writing, drawing, photograph, video
tape, figure or image, any written or printed matter of an obscene
nature or any article or instrument of an obscene nature.
Nothing in this article shall apply to any recognized historical
society or museum accorded charitable status by the federal government,
any county, city, borough, township or town library, any public library,
any library of any school, college or university or any archive or
library under the supervision and control of the commonwealth of a
political subdivision.
A.
The
initial determination of violation and the service of notice of violation
shall be made by the Township Manager, or by such other employee as
the Board of Supervisors shall designate, by resolution.
B.
Any
person who violates or permits a violation of this article, upon being
found liable therefor in a civil enforcement proceeding, shall pay
a fine of not less than $400 and not more than $600, plus all court
costs, including reasonable attorney's fees, incurred by the
Township in the enforcement of this article. No judgment shall be
imposed until the date of the determination of the violation by the
District Justice and/or Court. 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. Further, the appropriate officers
or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
[Amended 3-4-1999 by Ord. No. 250]
C.
A
separate offense shall arise for each day or portion thereof in which
a violation is found to exist and for each section of this article
which is found to have been violated. All fines and penalties collected
for the violation of this article shall be paid to the Township Treasurer.
