Pursuant to the authority granted in the Second
Class Township Code to prohibit nuisances and to promote the health,
cleanliness, comfort and safety of the citizens of Caln 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 Pa.C.S.A. § 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 (E.D. Pa. 1985), the Township
of Caln enacts the following article.
Terms used within this article shall have the
meanings as defined in 18 Pa.C.S.A. § 5903(b) and (e) entitled
"Obscene and other sexual materials and performances." The text of
18 Pa.C.S.A. § 5903 is appended hereto as Appendix A and
is incorporated herein by reference thereto.
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
or a political subdivision.
Any person who shall violate the provisions
of this article shall, upon summary conviction before any District
Justice, pay a fine not to exceed $1,000 and costs of prosecution.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the person who shall have violated this article may
be sentenced and committed to the county jail for a period not exceeding
30 days.