[HISTORY: Adopted by the Borough Council of the Borough of Masontown 7-28-1998 by Ord. No. D-3/7-28-98, approved 7-28-1998. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 102.
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:
- DISPLAY PUBLICLY
- The exposing, placing, posting, exhibiting or in any other fashion displaying in any location, whether public or private, material or a performance in such a manner that it may be readily seen and its contents and 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 the same 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-dimensional forms, sculptures and phonograph-type or wire recordings.
- Any person under 18 years of age.
- Uncovered or less than opaquely covered postpubertal human genitals or pubic area, the postpubertal 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 if 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 interests 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 is pornography if all of the following elements are present:
- A. Considered as a whole by the average person applying the contemporary community standards of the Borough of Masontown, it appeals to the prurient interests;
- B. It depicts, describes or represents in a patently offensive way sexual conduct, as hereinafter defined; and
- C. It lacks serious literary, artistic, political or scientific value.
- PORNOGRAPHY FOR MINORS
- Any material or performance 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 Borough of Masontown, with respect to what is suitable for minors, it is presented in such a manner as to appeal to a minor's prurient interests;
- B. It depicts, describes or represents in a patently offensive way nudity or sexual conduct as hereinafter defined; and
- C. It lacks serious literary, artistic, political or scientific value for minors.
- PRURIENT INTERESTS
- Desire or craving for sexual stimulation or gratification. In determining prurient interest, the material or performance shall be judged with a reference to average persons, unless it appears from the character of the material or performance that it is designed to appeal to the prurient interests of a particular group of persons, including but not limited to homosexuals or sadomasochists. In that 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 Borough of Masontown, 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, amusements, 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 a person being fettered, bound or otherwise physically restrained in an apparent act of sexual stimulation or gratification.
- A. Masturbation;
- B. Sexual intercourse, whether genital to genital, oral to genital, oral to anal or anal to genital;
- C. Any exotic 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 in Subsections A through B 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; or
- F. Sadomasochistic abuse as hereinafter described.
- 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 the 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 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 material to a minor 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 a performance which is pornography for minors, before an audience which includes a minor; or
Displays publicly or disseminates door-to-door any material or performance which is pornography for minors, or causing such public display or door-to-door dissemination.
Fines. Any person convicted of violating this chapter shall be guilty of a summary offense and, upon conviction before any District Justice, be subject to a fine not exceeding $300 and costs for each offense and, in default of payment thereof, shall be subject to imprisonment in the appropriate jail for a period not exceeding 30 days.
Injunction. The borough may institute proceedings in equity in the Court of Common Pleas of Fayette County for the purpose of enjoining the sale, resale, lending, distribution, exhibit, gift or show of such pornographic literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure or image, or any written or printed matter of an obscene nature, or any article or instrument of a pornographic nature, contrary to the provisions of this section, 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 borough that the sale, resale, lending, distribution, exhibit, gift or show of such publication constitutes a danger to the welfare or peace of the community.