[HISTORY: Adopted by the Borough Council of the Borough of Littlestown as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-1983 by Ord. No. 339 (Ch. 45, Art. I, of the 1994 Code)]
For the purpose of this article, the words and phrases set forth below shall have the meanings 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, 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, and includes but is not limited to books, magazines, motion-picture films, pamphlets, newspaper, pictures, photographs, drawings, three-dimensioned forms, sculptures and phonograph, tape or wire recordings.
MINOR
Any person under 18 years of age.
NUDITY
Uncovered or less than opaquely covered post-pubertal human genitals or pubic 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.
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.
PORNOGRAPHIC
Relating to pornography.
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 Littlestown, it appeals to the prurient interest; and 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.
PORNOGRAPHY FOR MINORS
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 Littlestown with respect to what is suitable for minors, it is presented in such a manner as to appeal to a minor's prurient interest; and 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.
PRURIENT INTEREST
Desire or craving for sexual stimulation or gratification. In determining "prurient interest," the material or performance shall be judged with reference to the 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.
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 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 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, whether genital-genital, oral-genital, oral-anal or anal-genital.
C. 
Any erotic fondling or touching of the covered or uncovered genitals, buttocks, pubic area or any part thereof of the breasts of the 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 hereinbefore 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 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 placed 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 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 a pornographic performance before an audience;
(5) 
Participates in that portion of a live performance before an audience which makes it pornographic; or
(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 persons 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 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 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 or 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 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 § 329-2 or 329-3 of this article if the pornographic material was disseminated by a person who was acting in his 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; or
C. 
A participant in the criminal justice system such as a legislator, judge, prosecutor, law enforcement official or other similar or related position; or a supplier to any person described in Subsections A through C above.
A. 
Fines. Any person who shall violate this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $100 nor more than $300, together with costs of prosecution, in each case. Each day that a violation shall continue shall be deemed to be a separate offense and shall be punishable as such. Fines and costs imposed under the provisions of this article shall be enforceable and recoverable in the manner and at the time provided by applicable law. Upon refusal of any persons convicted of a violation of this article to pay such fine and costs, such person shall be imprisoned in the jail of Adams County for a period not exceeding 30 days.
B. 
Injunction. Council may institute proceedings in equity in the Court of Common Pleas of Adams County, Pennsylvania, for the purpose of enjoining the sale, resale, lending, distribution, exhibit, gift or show of such pornographic literature, book, magazine, pamphlet, newspaper, storypaper, 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 Council that the sale, resale, lending, distribution, exhibit, gift or show of such publication constitutes a danger to the welfare or peace of the community.
[Adopted 3-22-1983 by Ord. No. 341 (Ch. 45, Art. II, of the 1994 Code)]
The following words and phrases, when used in this article, shall have the meanings ascribed in this section, unless the context requires otherwise:
NUDITY
Uncovered or less than opaquely covered post-pubertal human genitals or pubic 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.
OBSCENE PERFORMANCE
A play, motion-picture, dance, show or other presentation, whether picture, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.
OBSCENE/OBSCENITY
Shall be defined in accordance with and by reference to prevailing United States Supreme Court decisions. See, for example, Miller v. California, 413 U.S. 15, 93 S. Ct. 2607, 37 L.Ed. 2d 419 (1973); thus, a work, performance, statement or expression of opinion would, under current case law, be "obscene" or an "obscenity" if:
[Amended 7-22-2008 by Ord. No. 625]
A. 
The average person, applying contemporary community standards, would find that the work, performance, statement or expression of opinion, taken as a whole, appeals to the prurient interest;
B. 
The work, performance, statement or expression of opinion depicts, describes or contains, in a patently offensive way, sexual conduct such as:
(1) 
Patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated; or
(2) 
Patently offensive representations or descriptions of masturbation, excretory functions, and lewd exhibition of the genitals; and
C. 
The work, performance, statement or expression of opinion, taken as a whole, lacks serious literary, artistic, political, or scientific value.
PERSON
Any natural person or corporation or other artificial entity who or which is the operator of owner of a place of entertainment where the public is invited to come and participate in or view a performance of any kind. The term "person" shall specifically include the individual immediately in charge of the place of entertainment and also the owners thereof and, if the ownership is corporate or otherwise artificial in nature, the officers, directors and chief operating personnel of such corporation or entity.
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 on the part of one so clothed.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the human male or female or the breasts of the female, whether alone of between members of the same or opposite sex or between humans and animals, in an act of apparent sexual stimulation or gratification.
A person commits an offense if he, within the Borough of Littlestown, Adams County, Pennsylvania, knowingly or recklessly exhibits or permits the exhibition of an obscene performance to any members of the public.
An offense hereunder shall include the entire obscene performance and, in case of performances through the medium of a projected movie film, each frame or individual picture so projected shall also constitute a separate and additional offense.
A. 
Fines. Any person who shall violate this article shall be liable, upon summary conviction for a first offense and upon summary conviction for each subsequent offense, to a fine of not less than $100 nor more than $300, together with costs of prosecution, in each case. Each day that a violation shall continue shall be deemed to be a separate offense and shall be punishable as such. Fines and costs imposed under the provisions of this article shall be enforceable and recoverable in the manner and at the time provided by applicable law. Upon refusal of any persons convicted of a violation of this article to pay such fine and costs, such person shall be imprisoned in the jail of Adams County for a period not exceeding 30 days.
B. 
Injunction. Council may institute proceedings in equity in the Court of Common Pleas of Adams County, Pennsylvania, for the purpose of enjoining the sale, resale, lending, distribution, exhibit, gift or show of such pornographic literature, book, magazine, pamphlet, newspaper, storypaper, 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 Council that the sale, resale, lending, distribution, exhibit, gift or show of such publication constitutes a danger to the welfare or peace of the community.