[HISTORY: Adopted by the Board of Commissioners of the Township of
Ridley 6-15-1983 by Ord. No. 1555. Amendments
noted where applicable.]
[Amended 3-20-1985 by Ord. No. 1584]
The Board of Commissioners find that the commercial exploitation of
explicit sexual conduct through the sale, rental and showing of obscene films,
videotapes, videodiscs, records, magazines, books, pamphlets, photographs,
drawings and devices and the use of massage parlors and model studios for
the purpose of lewdness, assignation or prostitution constitutes a debasement
and distortion of a sensitive and key relationship of human existence, central
to family life, community welfare and the development of human personality,
is indecent and offensive to the senses and to public morals and interferes
with the comfortable enjoyment of life and property, in that such interferes
with the interest of the public in the quality of life and community environment,
the tone of commerce in the Township, property values and public safety, and
the continued operation of such facilities in a commercial manner is detrimental
to the health, safety, convenience, good morals and general welfare of the
Township of Ridley and of the residents, citizens, inhabitants and businesses
thereof. Accordingly, the Board of Commissioners hereby declares such activities
to be illegal as hereinafter set forth and, further, that such activities
are hereby declared to be and constitute a public nuisance.
In this chapter, the following definitions shall apply:
The standards of the community from which the jury is drawn or would
be drawn if it were the trier of the fact.
Having knowledge of the character and content of the material involved
or failure on notice to exercise reasonable inspection which would disclose
the content and character of the same.
That which is determined as obscene, applying the following guidelines:
Whether the average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the prurient
interest.
Whether the subject matter depicts or describes in a patently offensive
way sexual conduct of a type hereinafter described.
Whether the subject matter taken as a whole lacks serious literary,
artistic, political or scientific value.
So offensive on its face as to affront current standards of decency,
and shall be deemed to include any of the following described forms of sexual
conduct, if they are depicted so as to affront current standards of decency:
An act of sexual intercourse, normal or perverted, actual or simulated,
real or animated, including genital-genital, anal-genital or oral-genital
intercourse, whether between human beings or between a human being and an
animal.
Sadomasochistic abuse meaning flagellation or torture or sexual gratification
by or upon a person who is nude or clad in undergarments or in a revealing
costume, or the condition of being fettered, bound or otherwise physically
restrained on the part of the one so clothed.
Masturbation, excretory functions and lewd exhibition of the genitals,
including any explicit close-up representation of a human genital organ or
spread-eagle exposure of female genital organs.
Physical contact or simulated physical contact with the clothed or naked
pubic area or buttocks of a human male or female, or the breasts of the female,
whether alone or between members of the same or opposite sex or between humans
and animals in an act of apparent sexual stimulation or gratification.
A device designed and marketed as useful primarily for stimulation of
the human genital organs.
Male or female genitals in a discernibly turgid state.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any excretory
function.
A natural person, partnership or corporation. Whenever used in a
clause describing or imposing a fine or term of imprisonment, or both, the
term "person" as applied to partnership shall mean the partners or members
thereof, and as applied to corporation shall mean the officers thereof.
A.
In general.
[Amended 3-20-1985 by Ord. No. 1584]
(1)
No person shall knowingly sell, rent, distribute, exhibit,
transmit, show or offer to sell, rent, distribute, exhibit, show or transmit
or have in his possession or under his control with the intent to sell, rent,
distribute, exhibit, transmit or show to another person in a commercial setting
any obscene film, videotape, videodisc, phonograph record, magazine, book
or pamphlet, photograph, drawing or device.
(2)
No person shall knowingly participate in, support or
in any way aid or assist in the selling, renting, distributing or showing
of any obscene motion-picture film, videotape, videodisc, phonograph record,
magazine, book, pamphlet, photograph, drawing or device.
(3)
No person shall knowingly design, copy, draw, photograph,
print, utter, publish, manufacture or prepare any obscene motion-picture film,
videotape, videodisc, phonograph record, magazine, book, pamphlet, photograph,
drawing or device.
(4)
No person shall knowingly produce, present or direct
any obscene performance or participate in the portion thereof which is obscene.
(5)
No person, being the owner of any premises or having
control thereof, shall knowingly permit within or upon said premises the exhibition
or showing of any motion-picture film, videotape, videodisc, show, presentation
or performance of an obscene nature or permit anyone to sell, rent, distribute,
exhibit or show any obscene motion-picture film, videotape, videodisc, phonograph
record, magazine, book, pamphlet, photograph, drawing or device.
(6)
No person shall knowingly write, print, publish or utter
or cause to be uttered, printed or published any advertisement or notice of
any kind giving information, directly or indirectly, stating or purporting
to state where, how or whom or by what means any obscene motion-picture film,
videotape, videodisc, phonograph record, magazine, book, pamphlet, photograph,
drawing or device or thing of an obscene nature can be seen, purchased, rented,
obtained or had.
B.
Minors.
[Amended 3-20-1985 by Ord. No. 1584]
(1)
No person within the Township of Ridley shall display at newstands or any other business establishment frequented by minors under the age of 18 years or where said minors are or may be invited as part of the general public or where they may view same any material depicting the acts specified in § 62-2, definition of "patently offensive," Subsections A through G, inclusive, of male or female buttocks or genitals or the female breast below a point immediately above the top of the areola.
(2)
In addition to any other violations or penalties prescribed herein, any person in the Township of Ridley who has in his possession or under his control with intent to sell, rent distribute, exhibit, show or transmit to another any obscene motion-picture film, videotape, videodisc, phonograph record, magazine, book, pamphlet, photograph, drawing or device depicting children under the age of 17 years participating, performing or observing any of the acts defined in § 62-2, definition of "patently offensive," shall, upon conviction before a District Justice, be sentenced to pay a fine not exceeding $600, plus costs of prosecution, and in default of payment of such fine and costs shall be imprisoned for a period not to exceed 30 days, in addition to any other penalties that may be imposed.
[Amended 11-16-1988 by Ord. No. 1639; 10-25-2000
by Ord. No. 1808]
[Amended 11-16-1988 by Ord. No. 1639; 10-25-2000
by Ord. No. 1808]
In addition to any other penalties specifically provided, any person
violating any provision of this chapter shall, upon conviction before a District
Justice, be sentenced to pay a fine not exceeding $600, plus costs of prosecution,
and in default of payment of such fine and costs shall be imprisoned for a
period not to exceed 30 days.
