[HISTORY: Adopted by the Borough Council
of the Borough of Derry as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-2-1986 by Ord. No. 571 (Ch.
VI, Part 1, Section 10, of the 1975 Code of Ordinances)]
No person shall:
A.
Sell, lend, distribute, exhibit, give away or show
any materials depicting nudity to any person under the age of 18 years;
B.
Sell, lend, distribute, exhibit, give away or show
any materials depicting or describing sexual conduct involving a person
or persons under the age of 18 years;
C.
Sell, lend, distribute, exhibit, give away or show
any materials depicting or describing the use of force, violence or
other coercion in connection with sexual conduct;
D.
Sell, lend, distribute, exhibit, give away or show
any materials depicting or describing bestiality;
E.
Produce or reproduce, for sale, or other distribution
in violation of this section, by use of the print media, visual representations
or photographic images, any of the materials prohibited in this section.
As used in this article, the following words
and phrases shall have the meanings given to them in this section:
Sexual conduct between or among a human being or human beings
and an animal or animals.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering or the depiction
of covered male genitals in a discernibly turgid state.
Acts of masturbation, homosexuality, sexual intercourse or
physical contact with a person's clothed or unclothed genitals, pubic
area, buttocks or, if such person be a female, breasts.
It is a specific finding of the Borough Council
of the Borough of Derry, after citizen input, individual study and
extensive debate, that those materials which have been prohibited
from sale or distribution to persons over the age of 17 years by this
article, are patently offensive.
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine of not more than $1,000 and costs of prosecution, and, in default
of payment of such fine and costs, to imprisonment for not more than
30 days.
