[Adopted 7-6-1999 by Ord. No. 571 (Ch. 6, Part 9A, of the
1983 Code)]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
NUDITY
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering; the showing of
the female breast with less than a fully opaque covering of any part
of the nipple; the exposure of any device, costume or covering which
gives the appearance of or simulates the genitals, pubic hair, perineum
anal region; or the exposure of any device worn as a cover over the
nipples and/or areola of the female breast, which device simulates
and give the realistic appearance of the nipples and/or areola.
PUBLIC PLACE
All outdoor places owned by or open to the general public
and all buildings and enclosed places owned by or open to the general
public, including such places of entertainment, restaurants, clubs,
theaters, dance halls, banquet halls, party rooms or halls limited
to specific members, restricted to adults or to patrons invited to
attend, whether or not an admission charge is levied.
In addition to the specific penalties provided in this article,
it is hereby declared that any building, portion of building or enclosed
place regularly used for prohibited display of public nudity is a
public nuisance, subjecting the owner, proprietor or other operator
thereof to any and all actions authorized by the Commonwealth of Pennsylvania
for the abatement of public nuisances.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Butler County.
[Adopted 5-4-1999 by Ord. No. 572 (Ch. 6, Part 9B, of the
1983 Code)]
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
COMMUNITY
For the purpose of applying the contemporary community standards
in this article, "community" means the state.
HARMFUL TO MINORS
As used in §
235-6, means that quality of any description or representation in whatever form of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
A.
Predominantly appeals to the prurient, shameful or morbid interest
of minors.
B.
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable materials for minors.
C.
Taken as a whole, lacks serious literary, artistic, political,
educational or scientific value for minors.
KNOWING
As used in §
235-6, means 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 or performance described therein which is reasonably susceptible of examination by the person charged with violation of this article.
MATERIAL
Any literature, including any book, magazine, pamphlet, newspaper,
bumper sticker, comic book or writing, any figure, visual representation
or image, including any drawing, photograph, picture, videotape or
motion picture.
MINOR
Any person under the age of 18 years.
NUDE/NUDITY
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering or showing the
female breast with less than a fully opaque covering of any portion
thereof below the top of the nipple.
OBSCENE
Any material or performance, 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 article.
C.
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
PERFORMANCE
Any play, dance or other live exhibition performed before
an audience.
SADOMASOCHISTIC ABUSE
In a sexual context, flagellation or torture by or upon a
person who is nude or clad in undergarments, a mask or in a bizarre
costume, or the condition of being fettered, bound or otherwise physically
restrained on the part of one who is nude or so clothed.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, including sexual
intercourse, anal or oral sodomy and sexual bestiality, and patently
offense representations or descriptions of masturbation, excretory
functions, sadomasochistic abuse and lewd exhibitions of the genitals.
SEXUAL EXCITEMENT
The condition of the human male or female genitals when in
a state of sexual stimulation or arousal.
TRANSPORTATION FACILITY
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.
No person, knowing the obscene character of the materials or
performances involved, shall, within the Borough of Slippery Rock:
A. Display or cause or permit the display of any explicit sexual materials as defined in Subsection
B hereafter 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 or the general public or otherwise, are or will probably be exposed to view all or any part of such materials.
B. Knowingly disseminate by sale, loan or otherwise explicit sexual
materials to a minor. "Explicit sexual materials," as used in this
subsection, means materials which are obscene, or:
(1) Any picture, photograph, drawing, sculpture, motion-picture film,
videotape or similar visual representation or image of a person or
portion of the human body which depicts nudity, sexual conduct or
sadomasochistic abuse as defined herein and which is harmful to minors.
(2) 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.
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. Produce, present or direct any obscene performance or participate
in a portion thereof that is obscene or that contributes to its obscenity.
F. Hire, employ, use or permit any minor child to do or assist in doing
any act or thing mentioned in this section.
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 as defined herein and which
is harmful to minors.
Nothing in this article shall apply to any recognized historical
society or museum accorded charitable status by the federal government,
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.
Any person violating any provision of this article shall, upon
conviction thereof, be sentenced to a fine of not more than $500,
plus costs, and to serve a term of imprisonment not to exceed 90 days.
Each day on which a violation of this article shall continue shall
constitute a separate offense.