This chapter shall be known as the "Youngwood Borough Anti-Obscenity Ordinance."
[HISTORY: Adopted by the Borough Council of the Borough of Youngwood 10-2-2000 by Ord. No. 456. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
To offer or expose to view or to present for inspection, reading or display, to broadcast, to place on show, to cause to be or allow to be seen or to present as public entertainment.
Any book, magazine, pamphlet, newspaper, writing, drawing, figure, or any other written or printed matter; any image, film, slides, transparencies, videotape, electronic medium, computer file, or other medium used to store and reproduce images on a screen or similar display.
Such matter or matters, as said term appears herein, which describe or depict in a manner consistent with § 39-3, below, any one or more of the following, whether actual or simulated: sexual intercourse; bestiality; oral sodomy; anal sodomy; masturbation; excretory functions; sexual fondling or touching; exhibit of the buttocks, pubic area or genitals; exhibit of the breasts of the female; and the expressions, movements, utterances or other responses of humans associated with a state of sexual stimulation or arousal.
The dissemination or attempt to disseminate obscene matter in or from a public place or vehicle within the borough, including but not limited to the placing, posting, exhibiting or peddling of obscene matter.
The advertising, promotion or marketing, within the borough, of a sexually-oriented business, whether said business is located within the borough or elsewhere, if the said advertising, promotion or marketing itself contains any obscene matter.
The production, presentation, direction or granting of permission to use any business, building, vehicle or place for the sale, exhibition or performance of obscene matter.
The participation in any live performance which is deemed to be obscene, as defined herein, including but not limited to any appearance, dance or other display containing any portion deemed to be obscene, presented to or performed before an audience.
To pass title or right of possession to a buyer for valuable consideration, and shall include, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the viewing, use or transfer of possession of any obscene matter as herein described.
Any commercial establishment or segment, division or portion thereof which offers, provides, produces or promotes one or more of the following:
The sale, rental or dissemination of obscene matter, as defined herein.
The display of live or recorded performances, consistent with the definition of "obscene matter," as defined herein, including but not limited to the performance of sexually explicit acts and the exposure of portions of the anatomy set forth in that definition.
The rental or offering of a hotel room, motel room, sleeping room or other accommodation or area for viewing obscene materials, if the business offering same has a sign visible from the public right-of-way to advertise the availability of said materials.
The furnishing of an escort, date or guide for another person or persons, including any private or semiprivate obscene performance, consistent with the definition of "obscene matter," as defined herein.
Coin-, slug-, or electronically operated devices for the display or depiction of sexual activities or obscene matters.
Physical contact between two or more persons for purposes of arousal or sexual activity.
In order for the matter to be considered obscene, it must, when taken as a whole, appeal to the prurient interests in sex and portray sexual conduct in a patently offensive way. In addition, the matter must not have any serious literary, artistic, political or scientific value and is utterly without redeeming social value. To determine whether the obscene matter in question meets these criteria, it must first be determined whether the average person, applying contemporary community standards, would determine that it appeals to the prurient interests in sex, is patently offensive, and lacks serious literary, artistic, political or scientific value. As to any matter sold, exhibited or promoted to a minor, the above criteria shall also be used to determine its obscenity. In addition, the matter's suitability for minors, applying contemporary community standards, shall also be considered.
It shall be unlawful for any person, partnership, corporation or other entity to knowingly sell or exhibit, for monetary gain or other valuable consideration, any obscene matter to any adult or minor, or establish or operate any sexually-oriented business, in any place in the Borough of Youngwood within 1,000 feet of another sexually-oriented business, a church, a public or private school, a public park, a facility owned or operated by the Borough of Youngwood or the boundary of any property now or formerly used as a residence.
Whenever any obscene matter is sold or exhibited, as prohibited herein, the same shall and is hereby declared to be a public nuisance. The Borough Council shall notify any person, firm, partnership, corporation or other entity in violation of this chapter that it must cease and desist from the exhibiting or sale of obscene matter. If the said person, partnership, corporation or other entity fails to cease and desist in the exhibiting or selling of obscene matter, the Borough of Youngwood shall be and is hereby granted the power to proceed in an action in equity to obtain a mandatory injunction enjoining the further sale or exhibition of any obscene material.
Any person, firm, partnership, corporation or other entity who or which shall violate the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $500, together with the costs of prosecution, or, in default of payment thereof, by imprisonment for not more than 30 days. Each sale or exhibition of obscene matter shall constitute a separate offense hereunder. The possession of two or more identical copies of any obscene matter, by any person, firm, partnership, corporation or other entity in the business of disseminating material, shall be prima facie evidence of an intent to sell or exhibit same. Each offense of any other activity restricted or addressed in this chapter shall be deemed a separate violation. In addition, each day of proscribed activity shall be deemed a separate and actionable offense.