supervision of the affairs of Millcreek Township, Erie County, Pennsylvania, to the Board of Supervisors; and
Whereas, said Board has the power to declare, prohibit and penalize nuisances as delegated to it by said Code, as amended, and by Acts of May 20, 1957, P.L. 174, Section 5 and March 21, 1968, P.L. No. 22, Section 1; 53 P.S. 65712; and
Whereas, said Board has the power to ordain for the proper maintenance of peace, good government, and welfare of the Township, as delegated to it by said Code, as amended, and by the Act of August 27, 1963, P.L. 1280, Section 1; 53 P.S. 65762; and
Whereas, said Code further authorizes the imposition of fines and penalties for offenses or violations of prohibited acts not exceeding $300.00 and costs or, in default of payment thereof, imprisonment for not more than thirty (30) days. Act of June 19, 1961 P.L. 486 Section 1, as amended by the Act of June 6, 1963, P.L. 73, Section 1, 53 P.S. 65741; and
Whereas, said Board has made a determination in the nature of a legislative finding that public displays of photographs, drawings and other visual material depicting nudity, or sexual conduct, or sadomasochistic activities which appeal predominantly to prurient interest in sex are offensive to any member of the public at large who is lawfully in or on any building, state highway, township road, facility, vehicle or area proximate to and in the environs of said display. Regardless whether such displays are "obscene" within the meaning of the penal law and constitutional law, they are not constitutionally protected, because they are thrust indiscriminately upon unwilling audiences of adults and children, and constitute assaults upon individual privacy.
Now, Therefore, the Board of Supervisors of Millcreek Township, Erie County, Pennsylvania, does hereby ordain and enact the following:
Section 1. It is hereby declared that any photograph, drawing, or other visual material depicting nudity, or sexual conduct or sadomasochistic activities which appeals predominantly to prurient interest in sex when displayed so as to be visible to and without solicitation by any member of the public at large who is lawfully in or on any building, state highway or township road, facility, vehicle or area proximate to and in the environs of said display and is then and there involuntarily exposed to viewing same is declared to be and is prohibited as a nuisance offensive to the general public and further prohibited as inimicable to the maintenance by the Supervisors of the peace, good government and welfare of the Township.
Section 2. Definitions. The following definitions are applicable to Section One hereunder:
(a) "Nudity" means the showing of a human male or female genitals, public area or buttocks with less than a full 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.
(b) "Sexual Conduct" means an act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, public area, buttocks, or if such person be a female, breast.
(c) "Sado-masochistic activities" means 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.
Section 3. Any owner, tenant or occupant of any premises or property who knowingly permits or allows the nuisance or unlawful activity aforesaid, upon any property with which he is an owner, tenant or occupant shall be subject to prosecution therefor in a summary proceeding before a district justice for such violation of and under the within ordinance and, if found guilty, shall be subject to a fine and penalty of not more than $300.00 and costs, and in default of payment thereof, imprisonment for not more than thirty (30) days. Each days continuance of such violation shall constitute a separate offense, punishable by a like fine or penalty.
Section 4. The Board of Supervisors, in addition to other remedies, may institute any appropriate action or proceeding in law or equity to prevent such nuisance and unlawful activity.
Section 5. If any section, paragraph, sub-section, clause or provision of this Ordinance shall be declared by a Court of competent jurisdiction to be invalid such decision shall not affect the validity of this Ordinance as a whole or any part thereof. It is the intent that the remainder of this Ordinance remain in full force and effect as though the offending part had never been incorporated herein.
Enacted and Ordained, this [*] day of [*], 1974.
Secretary, Millcreek Township