[Ord. 779, 10/4/1988, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
Exposing, placing, posting, exhibiting in any location, whether
public or private, materials or a performance in such a manner that
it may be readily seen and its content or character distinguished
by viewing it in or from a public place or vehicle.
Manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the
same.
Any material or performance in which all of the following
element are present:
Considered as a whole, by the average person applying the contemporary
community standards of the Borough of Bridgeville, it appeals to the
prurient interest in sex.
It depicts, describes or represents in a patently offensive
way, sexual conduct, as hereinafter defined.
Taken as a whole, it lacks serious literary, artistic, political,
educational or scientific values.
Any printed matter, visual representation, or sound recording
including, but not limited to, books, magazines, motion picture films,
pamphlets, newspapers, pictures, photographs, tape or wire recordings.
Uncovered, or less than opaquely covered, post-pubertal human
genitals or public area, the post-pubertal 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 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 prurience 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.
Any individual, partnership, firm, association, corporation
or other legal entity.
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with reference to average persons, unless it appears from
the character of the material or performance that it is designed to
appeal to the prurient interest of a particular group of persons including,
but not limited to, homosexuals or sado-masochists. In that case,
it shall be judged with reference to the particular group for which
it was designed.
Any street, alley, park boulevard, school or other public
property or any dance hall, rental hall, theater, amusement park,
liquor establishment, store, depot, place or public accommodation,
or other private property in the Borough of Bridgeville generally
frequented by the public for the purpose of education, recreation,
amusement, entertainment, sport, shopping or travel; or any vehicle
for public transportation, owned or operated by the government, either
directly or through a public corporation or authority, or owned or
operated by any non-governmental 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 or such person being fettered, bound or otherwise
physically restrained, in an apparent act of sexual stimulation or
gratification.
Masturbation.
Sexual intercourse, whether genital-genital, oral genital, oral-anal,
or anal-genitals.
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 § 301 through § 303
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.
Sado-masochistic abuse as herein defined.
The facial expression, movements, utterances or any other
physical 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.
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As used in this Part, the masculine shall include the feminine
and neuter.
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[Ord. 779, 10/4/1988, § 2]
It shall be unlawful for any person to disseminate and/or promote
and/or display publicly lewd material in the Borough. A person shall
be guilty of the offense of disseminating and/or promoting and/or
displaying publicly lewd material if, knowing its content and character,
he:
A.
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.
B.
Sells an admission ticket or pass to premises where there is being
exhibited or is about to be exhibited material or a performance which
contains lewd material or a performance which contains lewd material.
C.
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.
D.
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.
E.
Participates in that portion of live performance before an audience
which makes the performance contain lewd material.
F.
Panders, displays publicly, or disseminates door to door any lewd
material, or causes such pandering, public display or door to door
dissemination.
[Ord. 779, 10/4/1988, § 3; as amended by Ord. 830,
2/13/1995]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not exceeding
$600 plus costs and, in default of payment thereof, shall be subject
to imprisonment for a term not to exceed 30 days. Each day that a
violation of this Part continues shall constitute a separate offense.
[Ord. 779, 10/4/1988, § 4]
The Solicitor of the Borough of Bridgeville may institute proceedings
in equity in the Court of Common Pleas of Allegheny County for the
purpose of enjoining any violation or potential violation of this
Part.
