[Ord. 126, 3/5/1984, § 1; as revised by Ord. 131,
4/1/1985]
1.
AUDIENCE
DISPLAY PUBLICLY
DISSEMINATE
LEWD MATERIAL
(1)
(2)
(3)
MATERIAL
NUDITY
PANDER
PERFORMANCE
PERSON
PRURIENT INTEREST
PUBLIC PLACE OR VEHICLE
SADO-MASOCHISTIC ABUSE
SEXUAL CONDUCT
(1)
(2)
(3)
(4)
(5)
(6)
SEXUAL EXCITEMENT
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, 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 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
elements are present:
Considered as a whole, by the average person, applying
the contemporary community standards of the Borough of Honey Brook,
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.
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.
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 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 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 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 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 subparagraph (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.
Sado-masochistic 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.
2.
As used in this Part, the masculine shall include the
feminine and neuter.
[Ord. 126, 3/5/1984, § 2; as revised by Ord. 131,
4/1/1985]
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 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 a 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. 126, 3/5/1984, § 3; as revised by Ord. 131,
4/1/1985; and as amended by Ord. 193, 7/16/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 126, 3/5/1984, § 4; as revised by Ord. 131,
4/1/1985]
The Solicitor of the Borough of Honey Brook may institute proceedings
in equity in the Court of Common Pleas of Chester County for the purpose
of enjoining any violation or potential violation of this Part.
