[HISTORY: Adopted by the Borough Council of the Borough of Lansford 10-5-1989 by Ord. No. 89-1 (Ch. 6, Part 6, of the 1992 Code of Ordinances). Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have the meanings given to them in this section:
COMMUNITY
For the purpose of applying the "contemporary community standards," in this section, "community" means the commonwealth.
KNOWING
Having general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry of, the character and content of the performance or any material described in § 289-3 which is reasonably susceptible of examination by the defendant.
MATERIALS
Any literature, including any book, magazine, pamphlet, newspaper, storypaper, comic book or writing, and any figure, visual representation, or image, including any drawing, photograph, picture or motion picture.
MINOR
Any person under the age of 18 years.
NUDITY
The showing of the human male or female genitals, pubic area, buttocks, the showing of the female breast revealing a portion of the nipple or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE
Any material, materials or performance is "obscene" if:
A. 
The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest; and
B. 
The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this section; and
C. 
The subject matter, taken as a whole, lacks serious literacy, artistic, political, educational or scientific value.
PERFORMANCE
Any play, dance or live exhibition or show performed before an audience.
SEXUAL CONDUCT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
No person, knowing the obscene character of the materials or performance involved, shall:
A. 
Display or cause or permit the display of any obscene materials in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion-picture screen, marquee or similar place in such manner that the display is visible from any public street, highway or sidewalk.
B. 
Sell, lend, distribute, exhibit, give away or show any obscene materials to any minor or offer to sell, lend, distribute, exhibit or give away or show, or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene materials to any minor.
C. 
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene material.
D. 
Write, print, publish, utter or cause to be written, printed, published, or uttered any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom, or by what means any obscene materials can be purchased, obtained or had.
E. 
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this section.
F. 
Produce, present, or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity.
G. 
Sell an admission ticket or pass to premises where there is being exhibited or is about to be exhibited material or performance which features sexual conduct or nudity.
H. 
Admits, by accepting a ticket or pass, a person to premises where there is being exhibited or is about to be exhibited material or performance which features sexual conduct or nudity.
I. 
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 features sexual conduct or nudity.
J. 
Participates in that portion of a live performance before an audience which features sexual conduct or nudity.
No person shall knowingly disseminate by sale, loan or otherwise explicit sexual materials to a minor. "Explicit sexual materials" as used in this section means materials which are obscene or:
A. 
Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sexual intercourse; or
B. 
Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in § 289-3A or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sexual intercourse.
The Solicitor of the Borough of Lansford may initiate and/or institute proceedings in equity in the Court of Common Pleas of Carbon County when any person violates or a violation of this chapter is imminent for the purpose of enjoining such violation. The Court shall issue an injunction only after notice and hearing and in accordance with the Pennsylvania Rules of Civil Procedure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter 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 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 chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Carbon County.