[HISTORY: Adopted by the Borough Council of the Borough of Dormont as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-1-1994 by Ord. No. 1433 (Ch. 70, Art. II, of the 1994 Code)]
For the purpose of this article, the words and phrases set forth below shall have the meanings respectively ascribed to them:
AUDIENCE
One or more persons who are permitted to view a performance for valuable consideration or in or from a public place.
DISPLAY PUBLICLY
The exposing, placing, posting, exhibiting or in any other fashion displaying in any location, whether public or private, of material or a performance in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public place or vehicle.
DISSEMINATE
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 in one's possession with intent to do the same.
MATERIAL
Any printed matter, visual representation or sound recording, including but not limited to books, magazines, motion-picture films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensioned forms, sculptures and phonograph, tape or wire recordings, figures, images, instruments and devices.
MINOR
Any person under 18 years of age.
NUDITY
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 the nipple and areola only are covered.
PANDER
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 interest of potential customers.
PERFORMANCE
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.
PERSON
Any natural person or persons, as well as any partnership, corporation or association.
PORNOGRAPHIC
Relating to pornography.
PORNOGRAPHY
Any material or performance, 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 Dormont, it appeals to the prurient interest.
B. 
It depicts or represents in a patently offensive way sexual conduct or nudity, as herein defined.
C. 
It lacks serious literary, artistic, political or scientific value.
PORNOGRAPHY FOR MINORS
Any material or performance, 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 Dormont with respect to what is suitable for minors, it is presented in such a manner as to appeal to a minor's prurient interest.
B. 
It depicts, describes or represents in a patently offensive way nudity or sexual conduct, as hereinafter defined.
C. 
It lacks serious literary, artistic, political or scientific value for minors.
PRURIENT INTEREST
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 sadomasochists. In that case, it shall be judged with reference to the particular group for which it was designed.[1]
PUBLIC PLACE OR VEHICLE
Any of the streets, alleys, parks, boulevards, schools or other public property in the Borough 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, amusement, entertainment, sport, shopping or travel or any vehicle for public transportation owned or operated by the governing body either directly or through a public corporation or authority or owned or operated by a 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 person being fettered, bound or otherwise physically restrained in an apparent act of sexual stimulation or gratification.
SEXUAL CONDUCT
A. 
Masturbation.
B. 
Sexual intercourse, either heterosexual or homosexual, whether genital-genital, oral-genital or anal-genital.
C. 
Any erotic fondling or touching of the covered or uncovered genitals, buttocks, pubic area or any part thereof or the breasts of a female, whether the conduct described in Subsections A through C 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.
F. 
Sadomasochistic abuse, as hereinabove defined.
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 is experiencing the physical or sensual reactions of humans engaging in or witnessing sexual conduct.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be unlawful for any person to promote pornography. A person commits the offense of promoting pornography if, knowing its content and character, he or she:
(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 or her 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 or her 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 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 or her to be used for a 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 materials 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 or she:
(1) 
Disseminates or causes to be disseminated to a minor material which is pornography for minors or knowingly allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him or her 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 or her for the presentation of a performance which is pornography for minors, before an audience which includes a minor.
(6) 
Displays publicly or disseminates door to door any material or performance which is pornography for minors or causes such display or door-to-door dissemination.
B. 
Subsection A(1) through (5) does not apply to a parent, guardian or other persons in loco parentis to the minor.
It shall be an affirmative defense to a prosecution under § 70-2 or § 70-3 of this article if the pornographic material was disseminated by a person who was acting in his or her capacity as:
A. 
A teacher of an accredited course of study related to pornography at a state-approved educational institution.
B. 
A licensed medical practitioner or psychologist in the treatment of a patient.
C. 
A participant in the criminal justice system, such as a legislator, judge, prosecutor, law enforcement official or other similar related position.
D. 
A supplier to any person described in Subsections A through C above.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Borough of Dormont may institute proceedings in equity in the Court of Common Pleas of Allegheny County, Pennsylvania, for the purpose of enjoining the sale, resale, distribution, exhibit, gift or show of such pornographic literature, book, magazine, pamphlet, newspaper, storypaper, comic book, 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 article; 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 of Dormont that the sale, resale, lending, distribution, exhibit, gift or show of such publication constitutes a danger to the welfare or peace of the community.