[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.]
GENERAL REFERENCES
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:
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:
Considered as a whole by the average person applying the contemporary
community standards of the Borough of Masontown, it appeals to the
prurient interests;
It depicts, describes or represents in a patently offensive
way sexual conduct, as hereinafter defined; and
It lacks serious literary, artistic, political or scientific
value.
Any material or performance is pornography for minors if
all of the following elements are present:
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;
It depicts, describes or represents in a patently offensive
way nudity or sexual conduct as hereinafter defined; and
It lacks serious literary, artistic, political or scientific
value for minors.
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.
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.
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.
Masturbation;
Sexual intercourse, whether genital to genital, oral to genital,
oral to anal or anal to genital;
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;
Actual or simulated display or exhibition of the human pubic
area or genitals or any part thereof;
Sexual excitement as hereinafter defined; or
Sadomasochistic abuse as hereinafter described.
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.
A.
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:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
Participates in that portion of a live performance before an audience
which makes it pornographic;
(6)
Panders, displays publicly or disseminates door-to-door any pornographic
material or performance, or causes such pandering, public display
or door-to-door dissemination.
B.
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.
A.
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:
(1)
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;
(2)
Exhibits to a minor a motion-picture film or other performance which
is pornography for minors;
(3)
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;
(4)
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;
(5)
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
(6)
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.
A.
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.
B.
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.
