[HISTORY: Adopted by the Board of Trustees of the Charter Township
of East China as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-1980 by Ord. No. 117
as Ch. 7-07 of the 1980 Code]
Obscene live conduct for public view in the Charter Township of East
China shall be prohibited.
As used in this article, the following terms shall have the meanings
indicated:
Any physical human body activity, whether performed or engaged in
alone or with other persons, including but not limited to singing, dancing,
acting, simulating or pantomining, where, taken as a whole, the predominant
appeal of such conduct to the average person within the community, applying
contemporary standards of the community, is to prurient interest, i.e., a
shameful or morbid interest in nudity, sex or excretion; and is conduct which,
taken as a whole, goes substantially beyond customary limits of candor in
description or representation of such matter.
Any person who knowingly engages in obscene live conduct for public
view shall be guilty of a violation of this article.
[Adopted 11-18-1980 by Ord. No. 117
as Ch. 7-08 of the 1980 Code]
The possession or distribution of obscene publications, utterances,
and objects in the Charter Township of East China shall be regulated.
A.Â
Dealing/possession of obscene materials. Any person who
knowingly either sells, lends, gives away, distributes, shows or transmutes
or offers either to sell, lend, give away, distribute, show or transmute,
or has in his possession with intent either to sell, lend, give away, distribute,
show or transmute, or advertise in any manner, or who otherwise knowingly
offers for either loan, gift, sale or distribution, any obscene book, magazine,
pamphlet, newspaper, story paper, writing, paper, phonograph record, picture,
drawing, photograph, motion-picture film, figure, image, wire or tape recording
or any written, printed or recorded matter of an obscene character which may
or may not require mechanical or other means to be transmuted into auditory,
visual or sensory representations of such character shall be guilty of a violation
of this article.
B.Â
Purchase/consignment obscene literature. Any person who shall, as a condition to a sale, allocation, consignment or delivery for resale of any paper, magazine, book, periodical or publications, require that the purchaser or consignee receive for resale any other article, book or other publication which is contrary to Subsection A of this section or shall deny or threaten to deny any franchise or impose or threaten to impose any penalty, financial or otherwise, by reason of the failure of any person to accept such articles, books or publications, or by reason of the return thereof, shall be guilty of a violation of Subsection A of this section and punished as therein provided.
C.Â
Sale or distribution to persons under 18. Whoever knowingly
either sells, distributes, or imports for the purpose of selling or distributing
to a person under the age of 18 years any obscene book, magazine, pamphlet,
newspaper, story paper, writing, paper, phonograph record, picture, drawing,
photograph, motion-picture film, figure, image, wire or tape recording, or
any written, printed or recorded matter of an obscene character which may
or may not require mechanical or other means to be transmuted into auditory,
visual or sensory representations of such character, manifestly tending to
corrupt the morals of youth, or introduces into a family, school or place
of education, or buys, procures, receives or has in his possession any obscene
book, magazine, pamphlet, newspaper, drawing, photograph, motion-picture film,
figure, image, wire or tape recording, or any written, printed or recorded
matter of an obscene character which may or may not require mechanical or
other means to be transmuted into auditory, visual or sensory representations
of such character, either for the purpose of sale, exhibition, loan or circulation
to a person under the age of 18 years or with intent to introduce the same
into a family, school or place of education, shall be guilty of a violation
of this article.
The test for obscenity to be applied in cases under this article shall
be whether the predominant appeal of the book, picture, film or other subject
of complaint, considered as a whole, is to the prurient interest of the average
person in the community, applying contemporary standards of the community;
prurient interest being a shameful or morbid interest in nudity, sex, or excretion
that goes substantially beyond customary limits of candor in description or
representation of such matters.
