[HISTORY: Adopted by the Board of Supervisors of the Township of White 4-20-1977 by Ord. No. 854. Amendments noted where applicable.]
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.
- DISPLAY PUBLICLY
- 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:
- A. Considered as a whole by the average person, applying contemporary community standards of the Township of White, if appeals to the prurient interest.
- B. It depicts, describes or represents in a patently offensive way, sexual conduct, as hereinafter defined.
- C. 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:
- (1) 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.
- (2) Carries the symbol of said Motion Picture Producers and Distributors Association.
- PORNOGRAPHY FOR MINORS
- Any material or performance, except as hereinafter in this subsection set forth, is pornography for minors, if all of the following elements are present:
- A. 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.
- B. It depicts, describes or represents in a patently offensive way nudity or sexual conduct as hereinafter defined.
- C. 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:
- (1) 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.
- (2) Carries the symbol of said Motion Picture Producers and Distributors Association.
- PRURIENT INTEREST
- 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.
- PUBLIC PLACE OR VEHICLE
- 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.
- SADOMASOCHISTIC ABUSE
- 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.
- A. Masturbation.
- B. Sexual intercourse, whether genital-genital, oral-genital, oral-anal or anal-genital.
- C. 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.
- D. Actual or simulated display or exhibition of the human pubic area or genitals or any part thereof.
- E. Sexual excitement, as hereinafter defined.
- F. Sadomasochistic abuse as hereinabove defined.
- SEXUAL EXCITEMENT
- 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.
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:
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.
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.
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.
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.
Participates in that portion of a live performance before an audience which makes it pornographic.
Panders, displays publicly, or disseminates door to door, any pornographic material or performance, or causes such pandering, public display or door to door dissemination.
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.
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:
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.
Exhibits to a minor a motion picture film or other performance which is pornography for minors.
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.
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.
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.
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 teacher of an accredited course of study related to pornography at a state-approved educational institution.
A licensed medical practitioner or psychologist in the treatment of a patient.
A participant in the criminal justice system, such as a legislator, judge, prosecutor, law enforcement official or other similar or related position.
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.
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.