Part 1
Obscenity Ordinance

§6-101 Purpose.

The Board of Supervisors of Wolf Township finds that the introduction into the Township of Wolf of obscene and other sexual materials and the utilization of buildings and establishments for the purpose of introduction of such materials is detrimental and harmful to the health, safety, morals and general welfare of the community in that such materials engender adverse effects which contribute to the blighting or downgrading of the surrounding neighborhood, constitute a debasement and distortion of a sensitive key relationship of human existence central to family life, community welfare and the development of human personality, is indecent and offensive to the senses and the public morals and interfere with the comfortable enjoyment of life and property in that such materials interfere with the interests of the public and the quality of life and total community environment, and as such, constitute public nuisances which require maximum regulation consistent with Constitutional principles.

(Ord. 86-04, 9/8/1986, §1)

§6-102 Definitions.

As used in the Chapter, the following words and phrases shall have the meanings given to them in this Section:

Community - the Township of Wolf.

Knowing - 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 therein which is reasonably susceptible to examination by the person being held responsible.

Obscene Materials - any literature, including any book, magazine, pamphlet, newspaper, story paper, comic book or writing, and any figure, visual representation, or image, including any drawing, photograph, picture or motion picture, if:

(1)    The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.

(2)    The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this Chapter.

(3)    The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

Sexual Conduct - 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.

(Ord. 86-04, 9/8/1986, §2)

§6-103 Dissemination to Minors.

1.    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.

B.    Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in subsection .B above, 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.

(Ord. 86-04, 9/8/1986, §3)

§6-104 Admitting Minor to Show.

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.

(Ord. 86-04, 9/8/1986, §4)

§6-105 Further Definitions.

As used in §§6-103 and 6-104 above:

Minor - any person under the age of 17 years.

Nudity - 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.

Sexual Conduct - 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.

Sexual Excitement - the condition of human male or female genitals when in a state of sexual stimulation or arousal.

Sadomasochistic Abuse - 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.

Harmful to Minors - that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when it:

(1)    Predominantly appeals to the prurient, shameful, or morbid interest of minors.

(2)    Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.

(3)    Is utterly without redeeming social importance for minors.

G.    Knowingly - having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:

(1)    The character and content of any material described herein which is reasonably susceptible of examination by the defendant.

(2)    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.

(Ord. 86-04, 9/8/1986, §5)

§6-106 Compliance with Zoning, Building and Other Township Ordinances.

Any establishment dealing in obscene or other sexual materials, to be located within Wolf Township, shall comply with all existing Township codes, ordinances, and requirements.

(Ord. 86-04, 9/8/1986, §7)

§6-107 Licensing of Persons and Establishments Dealing with Obscene and Sexual Materials.

1.    Any person seeking to establish a business dealing in obscene or sexual materials as hereinabove defined shall, prior to the establishment of such business, apply to the Board of Supervisors of Wolf Township for a license.

2.    Any license issued by the Board of Supervisors shall be issued for a 12-month period from the date of application with each license to be renewed annually at a license fee in an amount as established, from time to time, by resolution of the Board of Supervisors. [Ord. 2004-1]

3.    The application form shall contain the following information:

A.    The name and address of the applicant.

B.    The premises upon which licensed business operation or activity is to be conducted.

C.    The nature of proposed business operation and activity.

D.    Any previous criminal record of applicant, applicant's employees and applicant's employer, principals and/or agents.

E.    If applicable, names and addresses of persons by whom applicant is employed, organization on whose behalf applicant is engaging in business operation or activity, and principals or agents of the applicant.

F.    The name and address of all employees.

(Ord. 86-04, 9/8/1986, §8; as amended by Ord. 2004-1, 3/8/2004)

§6-108 Investigation of Applicant by Township Officials.

1.    Upon receipt of the license application form and payment of the required license fee, in an amount as established from time to time by resolution of the Board of Supervisors, the Board of Supervisors may cause an investigation to be made by the Board of Supervisors of Wolf Township, which investigation may include, but not be limited to: [Ord. 2011-01]

A.    The nature of the proposed business operation or activity.

B.    The condition of the premises.

C.    The character and reputation of the applicant.

D.    Any and all other factors which may be deemed necessary for ascertaining whether the same can be conducted lawfully and without endangering the health and safety of the prospective patrons.

2.    After investigation by the Wolf Township Board of Supervisors, and such other investigation as is deemed appropriate by the Board of Supervisors, and providing no adverse findings or comments have been made, the Board of Supervisors may issue a license within 45 days of the date of the application.

(Ord. 86-04, 9/8/1986, §9; as amended by Ord. 2011-01, 1/3/2011, §1)

§6-109 Display and Transfer of License.

All licenses issued hereunder shall be conspicuously posted upon the premises so licensed. No license issued hereunder shall be transferable from one entity to another. When the ownership of the licensed premises shall change the new owner shall apply for a new license and pay the license fee.

(Ord. 86-04, 9/8/1986, §10)

§6-110 Penalties for Violation.

1.    Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense. [Ord. 2004-1]

2.    The Board of Supervisors of Wolf Township may revoke any license issued hereunder for any violation of this Part.

(Ord. 86-04, 9/8/1986, §11; as amended by Ord. 2004-1, 3/8/2004)

§6-111 Additional Actions and Civil Remedies.

1.    In addition to the other penalties for violations as above provided, should the Board of Supervisors of Wolf Township determine that a violation of the Part exists, or that a public nuisance involving obscene and other sexual materials exists in the Township, the Board of Supervisors may provide for the following by resolution.

A.    Declare the fact that such nuisance exists.

B.    Set forth the description or legal description and street address of the place which constitutes the nuisance.

C.    The Board of Supervisors may institute proceedings en equity in the Court of Common Pleas of Lycoming County for the purpose of enjoining the continued operation of such public nuisance.

D.    In any such proceeding, the Township shall be entitled to collect all costs associated with the abatement of such said nuisance, including the following:

(1)    Investigative costs.

(2)    Court costs.

(3)    Reasonable attorney's fees arising out of the preparation for and trial of the cause and appeals therefrom, and other costs allowed on appeal.

(4)    Printing costs of trial and appellate briefs and all other papers, filed in such proceedings.

(Ord. 86-04, 9/8/1986, §12)