[HISTORY: Adopted by the Board of Supervisors of the Township of Franconia 10-10-1989 by Ord. No. 161. Amendments noted where applicable.]
This chapter shall be known and be cited as the "Franconia Township Obscenity Ordinance."
As used in this chapter, the following words and phrases shall have the following meanings:
- For the purpose of applying the contemporary community standards in this chapter, "community" means Montgomery County, Pennsylvania.
- EXPLICIT SEXUAL MATERIALS
- Any picture, photograph, drawing, sculpture, motion picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse; or any book, pamphlet, magazine, printed matter (however reproduced) or sound recording which contains any matter as defined herein or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse.
- As used in § 94-3 hereof, having general knowledge of or reason to know of a belief or ground for belief which warrants further inspection or inquiry of the character and content of any material described therein which is reasonably susceptible of examination by the defendant.
- 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 below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
- OBSCENE MATERIALS
- Any literature, including any book, magazine, pamphlet, newspaper, storybook, comic book or writing, and any figure, visual representation or image, including any drawing, photograph, picture or motion picture, if:
- A. The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
- B. The subject matter depicts or describes in a patently offensive way sexual conduct of a type described in this chapter; and
- C. The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
- SADOMASOCHISTIC ABUSE
- 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
- Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the genitals; or acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such a person be a female, breasts.
- SEXUAL EXCITEMENT
- The condition of human male or female genitals when in a state of sexual stimulation or arousal.
No person, knowing the obscene character of the materials involved, shall:
Display or cause or permit the display of any explicit sexual materials as defined in § 94-2 of this chapter 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 or other public thoroughfare.
Sell, lend, distribute, exhibit, give away or show any obscene materials to any person 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 or knowingly advertise any obscene materials in any manner.
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.
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.
[Amended 6-10-1996 by Ord. No. 237]
Any person who violates or permits a violation of this chapter shall, upon being liable therefor in a civil enforcement proceeding commenced by the township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees incurred by the township. No judgment shall be imposed until the date of the determination of violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Pennsylvania Rules of Civil Procedure.