As used in this chapter, the following terms shall have the meanings indicated:
Considered as a whole, by the average person, applying the contemporary community standards of the Borough of Duncannon, it appeals to the prurient interest in sex; and
It depicts, describes or represents in a patently offensive way sexual conduct, as hereinafter defined; and
Taken as whole, it lacks serious literary, artistic, political, educational or scientific values.
Masturbation;
Sexual intercourse, whether genital-genital, oral-genital, oral-anal, or anal-genital;
Any erotic fondling or touching of the covered or uncovered genitals, buttocks, pubic area, or any part of the breasts of the female, whether the conduct described in Subsections (1) through (3) 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 herein described.
As used in this chapter, the masculine shall include the feminine and neuter.
It shall be unlawful for any person to disseminate and/or promote and/or display publicly lewd material in the Borough of Duncannon. A person shall be guilty of the offense of disseminating and/or promoting and/or displaying publicly lewd material if, knowing its contents and character, he:
Disseminates or causes to be disseminated any lewd material in or from a public place or vehicle or for valuable consideration; or has in his possession any lewd 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 lewd material; or
Sells an admission ticket or pass to premises where there is being exhibited or is about to be exhibited lewd material or a performance which contains lewd material; or
Admits, by accepting a ticket or pass, a person to premises where there is being exhibited or is about to be exhibited material or a performance which contains lewd material; or
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 a performance which contains lewd material before an audience; or
Participates in that portion of a live performance before an audience which makes the performance contain lewd material; or
Panders, displays publicly, or disseminates door to door any lewd material, or causes such pandering, public display or door-to-door dissemination.
Any person who violates any provision of this chapter shall, for every such violation, upon conviction, be sentenced to pay a fine of not less than $25 nor more than $600, and costs of prosecution, and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days, provided that each day on which a violation of this chapter continues shall constitute a separate offense.
The Solicitor of the Borough of Duncannon may institute proceedings in equity in the Court of Common Pleas of the 41st Judicial District of Pennsylvania, Perry County Branch, for the purpose of enjoining any violation or potential violation of this chapter.