[HISTORY: Adopted by the Board of Supervisors of the Township of Straban 5-7-1984 as Ord. No. 24. Amendments noted where applicable.]
When used in this chapter, the following words and terms shall have the meanings ascribed to them:
- EXPLICITLY SEXUAL MATERIAL
- 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.
- Any literature, including any book, magazine, pamphlet, newspaper, storypaper, 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 section.
- C. The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
Prohibition against sale or distribution of pornographic materials. The following activities shall be prohibited within the Township of Straban:
The display, or the causing or permitting of the display of any explicitly sexual material or pornography 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, transportation facility or other public thoroughfare or in any business or commercial establishment open to the general public.
The sale, lending, distribution, exhibiting, giving away or showing of any explicitly sexual material or pornography.
The possession with intent to sell, lend, distribute, exhibit or give away of any explicitly sexual material or pornography. For the purposes of this chapter, the possession of two or more copies of the same or substantially similar pieces of explicitly sexual material or pornography shall be presumptively deemed possession with intent to sell, lend, distribute, exhibit or give away.
The Township may institute any and all actions, in equity or in law, to prevent the violation, either actual or clearly about to occur, of this chapter.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before a District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $600 and the costs of prosecution or, in default thereof, to imprisonment of up to 30 days. Each day's violation of this chapter shall be deemed a separate offense.