[Ord. 793, 7/10/2007]
Every person, firm, corporation, partnership, or association who knowingly sends or causes to be sent, or brings or causes to be brought into the Borough of Myerstown for sale, lending, or distribution, or in the Borough of Myerstown prepares, publishes, prints, exhibits, distributes, or offers to distribute or has in his, her, or its possession with intent to distribute or sells or offers to sell or lends any obscene book, magazine, newspaper, pamphlet, flier, image, movie, paraphernalia, photograph, or any other obscene matter or participates in, manages, directs, or promotes any obscene exhibition or entertainment is guilty of an offense.
[Ord. 793, 7/10/2007]
1. 
Obscene as used in this Part means sexual depictions or conduct:
A. 
To which the average person, applying contemporary community standards, has as its dominant theme, taken as a whole, an appeal to prurient interest.
B. 
Which is patently offensive.
C. 
Which lacks serious artistic, literary, political, or scientific value.
D. 
Which includes acts of sexual intercourse, including genital, oral-genital, or anal-genital acts, homosexuality, sodomy, simulated intercourse, bestiality, sadomasochistic abuse, masturbation, or physical contact with a person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast; acts of excretion, urination, or depiction of the male genitals in a discernibly turgid state whether clothed or unclothed or the depiction of female genitalia in a spread-eagle pose, or the sexual exploitation of minors under the age of 18 years or the live display of nudity whether the subject be male or female including the live display of nude female breasts, buttocks, genitals, or pubic areas and the live display of nude male buttocks, genitals, or pubic areas.
[Ord. 793, 7/10/2007; as amended by Ord. 818, 12/10/2013]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $50 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each Section of this Part which shall be found to have been violated shall constitute a separate offense.