[Ord. 420, 12/12/1989, § 1]
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, rent,
transmit, broadcast, exhibit, give away, 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.
As used in § 10-502 "knowing" means having general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry of, any material described herein which is reasonably susceptible of examination by the person.
Any material or performance in which all or the following
elements are present:
Considered as a whole, by the average person, applying the contemporary
community standards of the Township of Ferguson, it appeals to the
prurient interest in sexual conduct, as hereinafter defined.
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 value.
Any printed matter, visual representation or image, or sound
recording including, but not limited to books, magazines, story paper,
comic book or writing, motion picture films, pamphlets, newspapers,
pictures, photographs, drawings, three-dimensional forms, sculptures,
and phonograph, tape or wire recordings.
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.
To present for public acceptance through advertising and
publicity.
Desire or craving for sexual stimulation or gratification.
In determination 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 Township of Ferguson 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 analgenital.
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 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.
Actual or simulated display or exhibition of the human pubic
area or genitals or any part thereof.
Sexual excitement, as herein defined.
Sadomasochistic abuse, as herein defined.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
[Ord. 420, 12/12/1989, § 1]
1.
It shall be unlawful for any person, to disseminate and/or promote
and/or display publicly lewd material in the Township of Ferguson.
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.
Disseminated 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 materials.
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 lewd 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 disseminated door to door, any lewd
material, or causes such pandering, public display or door to door
dissemination.
[Ord. 420, 12/12/1989, § 1; as amended by Ord.
820, 12/8/2003]
Any person who shall violate this Part, shall, upon conviction
thereof, in a proceeding commenced before a district justice pursuant
to the Pennsylvania Rules of Criminal Procedures, be sentenced to
a fine of not less than $100 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
shall constitute a separate offense.
[Ord. 420, 12/12/1989, § 1]
The Solicitor of the Township of Ferguson may institute proceedings
in equity in the Court of Common Pleas of Centre County against any
person who violates or clearly is about to violate this Part for the
purpose of enjoining such violation. The Court shall issue an injunction
only after written notice and hearing and only against the defendant
to the action. The Court shall be requested by the Solicitor of the
Township of Ferguson to hold a hearing within three days, one of which
days must be a business day for the Court, and a final decree shall
be requested to be filed in the Office of the Prothonotary within
24 hours after the close of the hearing. A written memorandum supporting
the decree shall be filed within five days of the filing of the decree.
The Solicitor of the Township of Ferguson shall prove the elements
of the violation beyond a reasonable doubt. The defendant shall have
the right to trial by jury at said hearing.
