[HISTORY: Adopted by the Board of Supervisors
of the Township of White 4-20-1977 by Ord. No. 854. Amendments noted where
applicable.]
GENERAL REFERENCES
Adult businesses — See Ch. 75.
For the purpose of this chapter, the words and
phrases set forth below shall have the meaning respectively ascribed
to them:
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
The exposing, placing, posting, exhibiting, or in any other
fashion displaying in any location, whether public or private, material
or performance in such a manner that it may be readily seen and its
content or character distinguished by normal unaided vision viewing
it from a public place or vehicle.
To manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the same.
Any printed matter, visual representation, or sound recording,
and includes, but is not limited to, books, magazines, motion-picture
films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensioned
forms, sculptures, and phonograph, tape or wire recordings.
Any person under 18 years of age.
Uncovered, or less than opaquely covered, post-pubertal human
genitals or pubic area, the post-pubertal human female breast below
a point immediately above the top of the areola or the covered human
male genitals in a discernibly turgid state. For the purpose of this
definition, a female breast is considered uncovered if the nipple
only or the nipple and the areola only are covered.
Advertising or propagandizing in connection with the sale
of material, the offering of a service, or the presentation or exhibition
of a performance by appealing to the prurient interest of potential
customers.
Any live or reproduced exhibition, including, but not limited
to, any play, motion-picture film, dance or appearance presented to
or performed before an audience.
Relating to pornography.
Any material or performance, except as hereinafter in this
subsection set forth, is pornography if all of the following elements
are presented:
Considered as a whole by the average person,
applying contemporary community standards of the Township of White,
if appeals to the prurient interest.
It depicts, describes or represents in a patently
offensive way, sexual conduct, as hereinafter defined.
It lacks serious literary, artistic, political
or scientific value; provided, however, that anything contained in
this chapter to the contrary, notwithstanding, pornography shall not
include any motion-picture film which:
Carries a rating of G, PG, R or X, as is currently
granted by the Motion Picture Rating Board of the Motion Picture Producers
and Distributors Association, or any other rating which from time
to time may be customarily granted by said Motion Picture Rating Board.
Carries the symbol of said Motion Picture Producers
and Distributors Association.
Any material or performance, except as hereinafter in this
subsection set forth, is pornography for minors, if all of the following
elements are present:
Considered as a whole by the average person,
applying the contemporary community standards of the Township of White
with respect to what is suitable for minors, it is presented in such
a manner as to appeal to a minor's prurient interest.
It depicts, describes or represents in a patently
offensive way nudity or sexual conduct as hereinafter defined.
It lacks serious literary, artistic, political
or scientific value for minors; provided, however, that anything contained
in this chapter to the contrary notwithstanding, pornography for minors
shall not include any motion-picture film which:
Carries a rating of G, PG, R, or X, as is currently
granted by the Motion Picture Rating Board of the Motion Picture Producers
and Distributors Association, or any other rating which from time
to time may be customarily granted by said Motion Picture Rating Board.
Carries the symbol of said Motion Picture Producers
and Distributors Association.
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with reference to average persons, unless it appears from
the character of the material or performance that it is designed to
appeal to the prurient interest of a particular group of persons,
including, but not limited to, homosexuals or sadomasochists. In this
case, it shall be judged with reference to the particular group for
which it was designed.
Any of the streets, alleys, parks, boulevards, schools or
other public property in the Township, or any dance hall, rental hall,
theater, amusement park, liquor establishment, store, depot, place
of public accommodation, or other private property generally frequented
by the public for the purposes of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public
transportation, owned or operated by government, either directly or
through a public corporation or authority, or owned or operated by
any nongovernmental agency for the use, enjoyment or transportation
of the general public.
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in a sexually revealing or bizarre costume,
or the condition of such person being fettered, bound or otherwise
physically restrained, in an apparent act of sexual stimulation or
gratification.
Masturbation.
Sexual intercourse, whether genital-genital,
oral-genital, oral-anal or anal-genital.
Any erotic fondling or touching of the covered
or uncovered genitals; buttocks, pubic area, or any part thereof the
breasts of the female; whether the conduct described is engaged in
alone or between members of the same or opposite sex, or between humans
and animals or humans and inanimate objects.
Actual or simulated display or exhibition of
the human pubic area or genitals or any part thereof.
Sexual excitement, as hereinafter defined.
Sadomasochistic abuse as hereinabove defined.
The facial expressions, movements, utterances or other responses
of a human male or female, whether alone or with others, whether clothed
or not, who is in an apparent state of sexual stimulation or arousal,
or experiencing the physical or sensual reactions of humans engaging
in or witnessing sexual conduct.
A.
It shall be unlawful for any person to promote pornography.
A person commits the offense of promoting pornography if, knowing
its contents and character, he:
(1)
Disseminates or causes to be disseminated any pornographic
material in or from a public place or vehicle, or for valuable consideration;
or has in his possession any pornographic material with intent to
so disseminate; or knowingly allows the use of any business, building,
vehicle or place owned, leased, conducted or managed by him, for such
dissemination of pornographic material.
(2)
Sells an admission ticket, or pass to premises where
there is being exhibited or is about to be exhibited material or a
performance which is pornographic.
(3)
Admits, by accepting a ticket or pass, a person to
premises where there is being exhibited or is about to be exhibited
material or a performance which is pornographic.
(4)
Produces, presents, directs, or knowingly allows the
use of any business, building, vehicle or place, owned, leased, conducted
or managed by him to be used for, a pornographic performance before
an audience.
(5)
Participates in that portion of a live performance
before an audience which makes it pornographic.
(6)
Panders, displays publicly, or disseminates door to
door, any pornographic material or performance, or causes such pandering,
public display or door to door dissemination.
B.
For the purpose of this section, possession of two
or more identical copies of any pornographic material by any person
engaged in the business of disseminating material, as defined above,
shall be prima facie evidence of possession with intent to disseminate
for valuable consideration.
A.
It shall be unlawful for any person to promote pornography
for minors. A person commits the offense of promoting pornography
for minors, if, knowing its content and character, he:
(1)
Disseminates or causes to be disseminated to a minor
material which is pornography for minors, or knowingly allows the
use of any business, building, vehicle or place owned, leased, conducted
or managed by him for the dissemination to a minor of material which
is pornography for minors.
(2)
Exhibits to a minor a motion picture film or other
performance which is pornography for minors.
(3)
Sells to a minor an admission ticket or pass to any
building, vehicle or place where there is being exhibited or is about
to be exhibited a motion-picture film or other performance which is
pornography for minors.
(4)
Admits a minor to any building, vehicle or place where
there is being exhibited or is about to be exhibited a motion picture
film or other performance which is pornography for minors.
(5)
Knowingly produces, presents, directs or allows the
use of any business, building, vehicle or place owned, leased, conducted
or managed by him for the presentation of performance which is pornography
for minors, before an audience which includes a minor.
(6)
Displays publicly or disseminates door to door any
material or performance which is pornography for minors, or causes
such public display or door to door dissemination.
It shall be an affirmative defense to a prosecution under §§ 203-2 or 203-3 of this chapter if the pornographic material was disseminated by a person who was acting in his capacity as:
A.
A teacher of an accredited course of study related
to pornography at a state-approved educational institution.
B.
A licensed medical practitioner or psychologist in
the treatment of a patient.
C.
A participant in the criminal justice system, such
as a legislator, judge, prosecutor, law enforcement official or other
similar or related position.
A.
Fines. Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge 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 chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
B.
Injunction. The Supervisors of White Township may institute proceedings in equity in the Court of Common Pleas of Indiana County for the purpose of enjoining the sales, resale, lending, distribution, exhibit, gift or show of any pornographic literature, book, magazine, pamphlet, newspaper, story-paper, paper, comic book, writing, drawing, photograph, figure or image, or any written or printed matter of a pornographic nature, or any article or instrument of a pornographic nature, as "pornographic," "pornography," and "pornography for minors" are defined in § 203-1 of this chapter, and for such purposes jurisdiction is hereby conferred upon said Court. A preliminary injunction may issue and a hearing thereafter be held thereon in conformity with the Rules of Civil Procedure upon the averment of the Council that the sale, resale, lending, distribution, exhibit, gift or show of such pornographic publication constitutes a danger to the welfare or peace of the community.
