[HISTORY: Adopted by the Borough Council of the Borough of Tullytown
11-26-1985 by Ord. No. 175 (Ch. 6, Part 8 of the 1985 Code). Amendments noted
where applicable.]
A.Â
AUDIENCE
DISPLAY PUBLICLY
DISSEMINATE
LEWD MATERIAL
(1)Â
(2)Â
(3)Â
MATERIAL
NUDITY
PANDER
PERFORMANCE
PERSON
PRURIENT INTEREST
PUBLIC PLACE or VEHICLE
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
SEXUAL EXCITEMENT
For the purpose of this chapter, the following terms
shall have the meanings indicated:
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, transmit, broadcast,
exhibit 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.
Any material or performance in which all of the following elements
are present:
Considered as a whole, by the average person, applying the contemporary
community standards of the Borough of Tullytown, it appeals to the prurient
interest in sex;
It depicts, describes or represents, in a patently offensive way, sexual
conduct, as hereinafter defined; and
Taken as a whole, it lacks serious literary, artistic, political or
scientific values.
Any printed matter, visual representation, or sound recording, including
but not limited to books, magazines, motion-picture films, pamphlets, newspapers,
pictures, photographs, drawings, three-dimensional forms, sculptures, and
phonograph, tape or wire recordings.
Uncovered, or less than opaquely covered, post-pubertal human genitals
or pubic area, the post-pubertal human female breast below a point immediately
above the top of the areola or the covered human male genitals in a discernibly
turgid state. For the purpose of this definition, a female breast is considered
uncovered if the nipple only or the nipple and the areola only are covered.
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.
Desire or craving for sexual stimulation or gratification. In determining
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 Borough 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 government, either directly
or through a public corporation or authority, or owned or operated by any
nongovernmental 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 anal-genital;
Any erotic fondling or touching of the covered or uncovered genitals, buttocks, pubic area, or any part thereof, the breasts of the female, whether the conduct described in Subsection (1) through (3) of this definition 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 hereinafter defined; or
Sadomasochistic abuse as herein defined.
The facial expressions, movements, utterances or any other physical
responses of a human male or female, whether alone or with others, whether
clothed or not, who is in an apparent state of sexual stimulation or arousal,
or experiencing the physical or sensual reactions of humans engaging in or
witnessing sexual conduct.
B.Â
As used in this chapter, the masculine shall include
the feminine and neuter.
It shall be unlawful for any person to disseminate and/or promote and/or
display publicly lewd material in the Borough of Tullytown. 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.Â
Disseminates 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 material; or
B.Â
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; or
C.Â
Admits, by accepting a ticket or pass, a person to premises
where there is being exhibited or is about to be exhibited material or a performance
which contains lewd material; or
D.Â
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; or
E.Â
Participates in that portion of a live performance before
an audience which makes the performance contain lewd material; or
F.Â
Panders, displays publicly, or disseminates door to door
any lewd material, or causes such pandering, public display or door-to-door
dissemination.
Any person who shall violate this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not more than $300 and/or to imprisonment for
a term not to exceed 90 days. Each day a violation of this chapter continues
shall constitute a separate offense.