[HISTORY: Adopted by the Borough Council of the Borough of
Collingdale 7-11-1967 by Ord. No. 386; amended in its entirety 10-5-1987 by Ord. No.
568 (Ch. 6, Part 3, of the 1987 Code of Ordinances).
Subsequent amendments noted where applicable.]
A.
AUDIENCE
DISPLAY PUBLICLY
DISSEMINATE
LEWD MATERIAL
(1)
(2)
(3)
MATERIAL
NUDITY
PANDER
PERFORMANCE
PERSON
PRURIENT INTEREST
PUBLIC PLACE OR VEHICLE
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
(1)
(2)
(3)
(4)
(5)
(6)
SEXUAL EXCITEMENT
As used in this chapter, 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 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
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 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
elements are present:
Considered as a whole, by the average person, applying the contemporary
community standards of the Borough, 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, drawings, three-dimensional
forms, sculptures and phonograph, tape or wire recordings, including
videos.
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 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 interest 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 sadomasochists. 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 of public accommodation,
or other private property in the Borough 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 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 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-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.
Sadomasochistic abuse, as herein defined.
The facial expressions, 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.
B.
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. 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; or
B.
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
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; or
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; or
E.
Participates in that portion of a live performance before an audience
which makes the performance contain lewd material; or
F.
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 shall violate this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more than $300 and/or to
imprisonment for a term not to exceed 90 days. Each day a violation
of this chapter continues shall constitute a separate offense.
The Solicitor of the Borough may institute proceedings in equity
in the Court of Common Pleas of Delaware County for the purpose of
enjoining any violation or potential violation of this chapter.
