[HISTORY: Adopted by the Borough Council of the Borough of Dravosburg 9-19-1995
by Ord. No. 95-05. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 310.
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 older 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 older, 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.
As used in this chapter, the following words and phrases shall have
the meanings given to them in this section:
For the purpose of applying the "contemporary community standards"
in this section, "community" means the state.
As used in § 75-1, "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 § 75-1 which is reasonably susceptible of examination by the defendant.
Any literature, including any book, magazine, pamphlet, newspaper,
story paper, or comic book, and any figure, visual representation, or image,
including any drawing, photograph, picture or motion-picture.
Any material, materials or performance is "obscene" if:
The average person applying contemporary community standards would find
that the subject matter taken as a whole appeals to the prurient interest;
and
The subject matter depicts or describes, in a patently offensive way,
sexual conduct of a type described in this section; and
The subject matter, taken as a whole, lacks serious literary, artistic,
political, educational or scientific value.
Any play, dance or other live exhibition performed before an audience.
As used in § 75-2, 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.
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.
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 § 75-3A, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
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 pass 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 minor accompanied by his parent.
That quality of any description or representation in whatever form
of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when
it:
Having general knowledge of, or reason to know, or a belief or ground
for belief which warrants further inspection or inquiry, or both:
The character and content of any material described herein which is
reasonably susceptible of examination by the defendant; and
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.
Any person under the age of 17 years.
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 genitals in a discernibly
turgid state.
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.
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.
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
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.
Nothing in this chapter 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.
Any person violating any provision of this chapter shall, upon conviction
thereof, be sentence 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 chapter shall continue shall
constitute a separate offense.
