Borough of Prospect Park, PA Chapter 113 Obscene Materials

[HISTORY: Adopted by the Borough Council of the Borough of Prospect Park 10-14-1975 as Ord. No. 935, approved 10-14-1975. Amendments noted where applicable.]

§ 113-1 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.

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 human genitals, pubic regions, buttock and female breast below a point immediately above the top of the areola.

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

PERSON

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

§ 113-2 Prohibitions.

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 distribution 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.

§ 113-3 Violations and penalties. [1]

Any person who shall violate any provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

[1] Editor's Note: Amended 4-4-1977 by Ord. No. 948, approved 4-4-1977.