Upper Merion Township
City Zoning Code
City Zoning Code
ARTICLE XXXIX
Obscenity and Other Sexual Materials
§ 165-280 Obscene materials.
No person, knowing the obscene character of the materials involved, shall:
A.
Display or cause or permit the display of any explicit sexual materials as defined in § 165-282 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 where minors, as a part of the general public or otherwise, are or will probably be exposed to view all or any part of such materials.
B.
Sell, lend, distribute, exhibit, give away or show any obscene materials to any person 17 years of age or older or offer to sell, lend, distribute, exhibit or give away or show or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene materials to any person 17 years of age or older or knowingly advertise any obscene material in any manner.
C.
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.
D.
Write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom or by what means any obscene materials can be purchased obtained or had.
E.
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this section.
§ 165-281 Definitions.
As used in this article, the following words and phrases shall have the meanings given to them in this section:
For the purpose of applying the contemporary community standards in this section, "community" means the Township.
As used in § 165-281, having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry of the character and content of any material described herein which is reasonably susceptible of examination by the defendant.
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; and
C. SEXUAL CONDUCT TRANSPORTATION FACILITY
The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
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 conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad cars, buses and air, boat, railroad and bus terminals and stations.
§ 165-282 Dissemination to minors.
No person shall knowingly disseminate by sale, loan or otherwise explicit sexual materials to a minor. "Explicit sexual materials," as used in this section, means materials which are obscene or:
A.
Any picture, photograph, drawing, sculpture, motion-picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors; or
B.
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in Subsection A or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
§ 165-283 Minors not admitted.
It shall be unlawful for any person knowingly to exhibit for monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pass or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse and which is harmful to minors, except that the foregoing shall not apply to any minor accompanied by his parent.
§ 165-284 Definitions pertaining to minors.
That quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
Having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry of both:
The character and content of any material described herein which is reasonably susceptible of examination by the defendant; and
The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
Any person under the age of 17 years.
The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.
Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
§ 165-285 Sale required.
No person shall knowingly require any distributor or retail seller, as a condition to sale or delivery for resale or consignment of any literature, book, magazine, pamphlet, newspaper, storypaper, paper, comic book, writing, drawing, photograph, figure or image or any written or printed matter or any article or instrument, to purchase or take by consignment for purposes of sale, resale or distribution any obscene literature, book, magazine, pamphlet, newspaper, storypaper, paper, comic book, writing, drawing, photograph, figure or image or any written or printed matter of an obscene nature or any article or instrument of an obscene nature.
§ 165-286 Injunction.
The Township Solicitor may institute proceedings in equity in the Court of Common Pleas of the county in which any person violates or clearly is about to violate this article for the purpose of enjoining such violation. The Court shall issue an injunction only after written notice and hearing and only against the defendant to the action. The Court shall hold a hearing within three days after demand by the attorney for the Township, one of which days must be a business day for the Court, and a final decree shall be filed in the office of the Prothonotary within 24 hours after the close of the hearing. A written memorandum supporting the decree shall be filed within five days of the filing of the decree. The attorney for the Township shall prove the elements of the violation beyond a reasonable doubt. The defendant shall have the right to trial by jury at said hearing.
§ 165-287 Exemptions.
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.