Borough of Trainer, PA Chapter 192 Pornography

[HISTORY: Adopted by the Borough Council of the Borough of Trainer 5-10-1979 by Ord. No. 482 (Ch. 6, Part 3, of the 1985 Code of Ordinances). Amendments noted where applicable.]

§ 192-1 Definitions.

Where the following words are used in this chapter, they shall be defined as follows:

DESCRIPTION OR DEPICTIONS OF ILLICIT SEX OR SEXUAL IMMORALITY

A. Human genitals in a state of sexual stimulation or arousal;

B. Acts of human masturbation, sexual intercourse or sodomy; or

C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

KNOWINGLY

Having knowledge of the character and content of the publication or failure, on notice, to exercise reasonable inspection which would disclose the content and character of same.

NUDE OR PARTIALLY DENUDED FIGURES

A. Less than completely and opaquely covered:

(1) Human genitals;

(2) Pubic regions;

(3) Buttock; and

(4) Female breast below a point immediately above the top of the areola; and

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

PERSON

Any individual, organization, group, association, partnership, corporation, society, or any combination of them.

§ 192-2 Unlawful to sell or distribute pornographic material.

It shall be unlawful and illegal for any person to willfully or knowingly engage in the business of selling, lending, giving away, showing, advertising for sale or distributing to any person or to have in his possession with intent to engage in the said business or to otherwise offer for sale or commercial distribution to any person or to display at newsstands or any other business establishment frequented by the public or to display at any place where said persons are or may be invited as a part of the general public any pornographic motion picture, or any still picture or photograph, or any book, pocket book, pamphlet or magazine, the cover or content of which exploits, is devoted to or is principally made up of descriptions or depictions of illicit sex or sexual immorality or which is obscene, lewd, lascivious or indecent or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex, lust or perversion for commercial gain.

§ 192-3 Unlawful to employ persons to engage in lewd activities.

It shall be unlawful and illegal for any person to willfully or knowingly engage in the business of employing a person or persons to appear in a nude or partially nude state in any business establishment frequented by the public or at any place where persons may be invited as a part of the general public for the purpose of exhibiting their body or bodies for public view and/or for the purpose of engaging in illicit sex acts which are obscene, lewd, lascivious or indecent or posing or presenting themselves in a manner to provoke or arouse lust or passion or to exploit sex, lust or perversion for commercial gain.

§ 192-4 Violations and penalties.

[Amended 11-14-1985 by Ord. No. 549; 8-11-2005 by Ord. No. 670]

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and/or to imprisonment for a term not to exceed 90 days. Every day that a violation of this chapter continues shall constitute a separate offense.