[HISTORY: Adopted by the Board of Commissioners
of the Township of Rostraver 9-5-1989 as Part 8, Ch. 1, Art. D, of the 1989 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 195.
As used in this chapter, the following terms
shall have the meanings indicated:
The matter or performance may be purchased or attended on
a subscription basis, on a membership fee arrangement or for a separate
fee for each item or performance.
To transfer possession of, with or without consideration.
Being aware of the character and the content of the material.
Any book, magazine, newspaper or other printed or written
material or any picture, drawing, photograph, motion picture or other
pictorial representation or any statue or other figure or any recording,
transcription or mechanical, chemical or electrical reproduction or
any other articles, equipment or machines.
The showing of the human male or female genitals or pubic
area with less than a fully opaque covering, or the depiction of covered
male genitals in a discernibly turgid state.
To the average person applying contemporary community
standards:
The predominant appeal of the matter, taken
as a whole, is to prurient interest; i.e., a shameful or morbid interest
in sexual conduct, nudity or excretion;
The matter depicts or describes in a patently
offensive manner sexual conduct regulated by the laws of Pennsylvania;
and
The work, taken as a whole, lacks serious literary,
artistic, political or scientific value.
Any preview, play, show, skit, film, dance or other exhibition
performed before an audience.
Any individual, partnership, firm, association, corporation
or other legal entity.
To cause, permit, procure, counsel or assist.
The provision of services to paying guests in establishments
providing food and beverages, including but not limited to hostessing,
hat checking, cooking, bartending, serving, table setting and clearing,
waiter and waitressing and entertaining.
It shall be unlawful for any person to:
A.
Knowingly disseminate, distribute or make available
to the public any obscene material.
B.
Knowingly engage in or participate in any obscene
performance made available to the public.
C.
Knowingly engage in commerce for commercial gain with
materials depicting and describing explicit sexual conduct, nudity
or excretion, utilizing displays, circulars, advertisements and other
public sales efforts that promote such commerce primarily on the basis
of their prurient appeal.
D.
Provide services to patrons in such a manner as to
expose to public view:
(1)
His or her genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region;
(2)
Any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(3)
Any portion of the female breast at or below the areola
thereof.
E.
Knowingly promote the commission of any of the above
listed acts.
A.
Actual notice of the obscene nature of such material,
performance or activity may be given to a person involved in or responsible
for such from the Township Solicitor or by the Chief of Police on
the basis of information lawfully gathered and supplied to them by
the Township police or citizens.
(1)
Such notice shall be in writing and delivered by mail
or in person to the alleged offender.
A.
In rem proceedings.
(1)
The Chief of Police may apply to the Township Solicitor
to institute an attachment proceeding against any material which is
alleged to be obscene in a sworn affidavit.
(2)
Upon filing of an application for attachment authorized in Subsection A(1) of this section, the Chief of Police shall immediately cause notice thereof to be served either personally or by mail upon any person residing or doing business in the Township who is known or believed by the Chief of Police to have any of the following interests in material named in the complaint:
(3)
Trial shall be held no later than the fourth judicial
day following the filing for attachment. No trial under this section
shall be continued or otherwise postponed more than one judicial day,
but may be conducted by a judge pro tempore in the event of unavailability
of the trial judge.
B.
Declaratory judgment.
(1)
Any person receiving notice from the Township Solicitor under § 129-3 that a specified activity is obscene may bring action against the Township for a declaratory judgment to determine whether such activity is obscene.
(2)
If it is adjudged and declared by the court that such
activity is obscene, then the Township Solicitor may cause the publication
of such judgment in a newspaper of general circulation in the Township,
and upon such publication, all persons residing or doing business
in the Township will be presumed to have actual notice of the nature
of the activity.
C.
D.
Injunction.
(1)
The Township Solicitor may seek a temporary restraining
order in the Court of Common Pleas in order to enjoin any obscene
performance or the service of patrons in violation of this chapter.
E.
Proceedings authorized by this section shall be in
addition to any others provided by law.
A.
Expert affirmative evidence that the materials or
activities are obscene is not required when the materials or activities
themselves are presented as evidence.
B.
It shall be an affirmative defense in any prosecution
under this chapter that allegedly obscene material was disseminated
or presented for a bona fide scientific, medical, educational, governmental
or judicial purpose by a physician, psychologist, teacher, clergyman,
prosecutor or judge.
A.
In an in rem proceeding against sexually explicit material under § 129-4, the court shall, upon a determination by the trier of fact that the material is obscene, make an order confiscating the obscene material and authorize and direct the Chief of Police to, pending the exhaustion of all appeals, destroy the same.
B.
Whoever violates this chapter shall, upon conviction
thereof, be fined not less than $50 or more than $600 plus costs of
prosecution and, in default of payment of fine and costs, be imprisoned
for a period not to exceed 30 days.
C.
After conviction, in addition to any other penalty
imposed for a violation of this chapter, the Board of Commissioners
may, at its discretion, revoke the business license of the offender,
and upon conviction of the offender for the second violation, the
Commissioners shall revoke the business license of that person.
