[Ord. 470, 9/14/1998]
1. 
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, sidewalk, transportation facility or other public thoroughfare.
B. 
Sell, lend, distribute, exhibit, give away or show any obscene materials to any person 17 years of age or younger 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 person 17 years of age or younger, or knowingly advertise any obscene materials in any manner.
C. 
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.
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. 
Produce, present, or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity.
F. 
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this Section.
[Ord. 470, 9/14/1998]
As used in this Part 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 State.
KNOWING
As used in § 6-601, knowing means having general knowledge of, or reason to know or a belief or ground for a belief which warrants further inspection or inquiry of, the character and content of the performance or any material described in § 6-601 which is reasonably susceptible of examination by the defendant.
MATERIALS
Any literature, including any book, magazine, pamphlet, newspaper, story paper, comic book and any figure, visual representation or image including any drawing, photograph, picture or motion picture.
OBSCENE
Any material, materials or performance is "obscene" if:
1. 
The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest; and,
2. 
The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this Section; and,
3. 
The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
PERFORMANCE
Any play dance or other live exhibition performed before an audience.
SEXUAL CONDUCT
As used in § 6-602 means patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibitions of the genitals.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad, cars, buses, and air, boat, railroad and bus terminals and stations.
[Ord. 470, 9/14/1998]
1. 
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 sadomasochistic abuse and which is harmful to minors; or,
B. 
Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in Subsection 1, or explicit and detailed verbal descriptions or narrative account of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
[Ord. 470, 9/14/1998]
It shall be unlawful for any person knowingly to exhibit for monetary consideration to a minor or knowingly to sell to a minor an admission ticket or pas or knowingly to admit a minor for a monetary consideration to premises whereon there is exhibited, a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors, except that the foregoing shall not apply to any minor accompanied by his parent.
[Ord. 470, 9/14/1998]
As used in §§ 6-603 and 6-604:
HARMFUL TO MINORS
That quality of any description or representation in whatever form of nudity, sexual conduct, sexual excitement or sadomasochistic abuse, when it:
1. 
Predominately appeals to the prurient, shameful or morbid interest of minors; and,
2. 
Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and,
3. 
Is utterly without redeeming social importance for minors.
KNOWINGLY
Having general knowledge of, or reason to known, or a belief or ground for belief which warrants further inspection or inquiry or both:
1. 
The character and content of any material described herein which is reasonably susceptible of examination by the defendant; and,
2. 
The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
MINOR
Any person under the age of 17 years.
NUDITY
The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male entrails in a discernibly turgid state.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's clothed genitals, pubic area, buttocks or, if such person be a female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
[Ord. 470, 9/14/1998]
No person shall knowingly require any distributor or retail seller as a condition to sale or delivery for resale or consignment of any literature, book, magazine, pamphlet, newspaper, story paper, paper, comic book, writing, drawing, photograph, figure or image, or any written or printed matter, or any article or instrument to purchase or take by consignment for purposes of sale, resale or distribution any obscene literature, book, magazine, pamphlet, newspaper, story paper, 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 an obscene nature.
[Ord. 470, 9/14/1998]
Nothing in this Part shall apply to any recognized historical society or museum accorded charitable status by the Federal Government, any county, city, borough, township or town library, any public library, any library of any school, college or university or any archive or library under the supervision and control of the Commonwealth or a political subdivision.
[Ord. 470, 9/14/1998]
Any person violating any provision of this Part shall, upon conviction thereof, be sentenced to a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day on which a violation of this Part shall continue shall constitute a separate offense.