[Adopted 2-13-1996 by Ord. No. 96-2, approved
2-13-1996]
Pursuant to the authority granted in the Borough
Code to prohibit nuisances and to promote the health, cleanliness,
comfort and safety of the citizens of the Borough of Bridgeport and
the authority of political subdivisions of the Commonwealth of Pennsylvania
to enact local ordinances to regulate, inter alia, the sale, distribution,
display and exhibition of and activities concerning obscene and other
sexual material as provided for in 18 P.S. § 5903(k) and
as upheld by the United States District Court for the Eastern District
of Pennsylvania in Brown v. Pornography Commission of Lower Southampton
Township, 620 F. Supp. 1199 (1985), the Borough of Bridgeport enacts
the following article.
A.Â
Offenses defined. No person, knowing the obscene character
of the materials or performances involved, shall, within the Borough
of Bridgeport:
(1)Â
Display or cause or permit the display of any explicit sexual materials as defined in Subsection C 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, or in any business or commercial establishment where minors, as a part of the general public or otherwise, are or will probably be exposed to view all or any part of such materials;
(2)Â
Sell, lend, distribute, exhibit, give away or show
any obscene materials to any person 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 or knowingly advertise any obscene materials
in any manner;
(3)Â
Design, copy, draw, photograph, print, utter, publish
or in any manner manufacture or prepare any obscene materials;
(4)Â
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;
(5)Â
Produce, present or direct any obscene performance
or participate in a portion thereof that is obscene or that contributes
to its obscenity; or
(6)Â
Hire, employ, use or permit any minor child to do
or assist in doing any act or thing mentioned in this subsection.
B.Â
COMMUNITY
KNOWING
MATERIAL
NUDE
OBSCENE
(1)Â
(2)Â
(3)Â
PERFORMANCE
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
TRANSPORTATION FACILITY
Definitions. As used in this article, the following
words and phrases shall have the meanings given to them in this subsection:
For the purpose of applying the "contemporary community standards"
in this article, "community" means "the state."
As used in Subsection A, "knowing" means having general knowledge of or reason to know or a belief or grounds for belief which warrants further inspection or inquiry of the character and content of any material or performance described therein which is reasonably susceptible of examination by the person charged with violation of this article.
Any literature, including any book, magazine, pamphlet, newspaper,
storypaper, bumper sticker, comic book or writing; any figure, visual
representation or image, including any drawing, photograph, picture,
videotape or motion picture.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering or showing the
female breast with less than a fully opaque covering of any portion
thereof below the top of the nipple.
Any material or performance, if:
The average person applying contemporary community
standards would find that the subject matter taken as a whole appeals
to the prurient interest;
The subject matter depicts or describes in a
patently offensive way sexual conduct of a type described in this
article; 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.
In a sexual context, flagellation or torture by or upon a
person who is nude or clad in undergarments, a mask or in a bizarre
costume, or the condition of being fettered, bound or otherwise physically
restrained on the part of one who is nude or so clothed.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, including sexual
intercourse, anal or oral sodomy and sexual bestiality, and patently
offensive representations or descriptions of masturbation, excretory
functions, sadomasochistic abuse 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.
C.Â
Dissemination to minors. No person shall knowingly
disseminate by sale, loan or otherwise explicit sexual materials to
a minor. "Explicit sexual materials," as used in this subsection,
means materials which are obscene or:
(1)Â
Any picture, photograph, drawing, sculpture, motion-picture
film, videotape 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
(2)Â
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in Subsection C(1), 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.
D.Â
Admitting minor to show. 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 or
performance 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.
E.Â
HARMFUL TO MINORS
(1)Â
(2)Â
(3)Â
KNOWINGLY
MINOR
NUDITY
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SEXUAL EXCITEMENT
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse, when it:
Predominantly appeals to the prurient, shameful
or morbid interest of minors;
Is patently offensive to prevailing standards
in the adult community as a whole with respect to what is suitable
materials for minors; and
Taken as a whole, lacks serious literary, artistic,
political, educational or scientific value for minors.
Having general knowledge of or reason to know or a belief
or grounds for belief which warrants further inspection or inquiry
of both the character and content of any material or performance described
herein which is reasonably susceptible of examination by the person
charged with violation of this article and the age of the minor; provided,
however, that an honest mistake shall constitute an excuse from liability
hereunder if the person charged with violation of this article made
a reasonable bona fide attempt to ascertain the true age of such minor.
Any person under the age of 18 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 who is clad in
undergarments, a mask or in 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,
sexual bestiality or physical contact with a person's clothed or unclothed
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.
F.Â
Requiring sale as a condition of business dealings.
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, storypaper, paper,
comic book, writing, drawing, photograph, videotape, 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, storypaper,
paper, comic book, writing, drawing, photograph, videotape, 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 article 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 who shall violate the provisions
of this article shall, upon summary conviction before any Magisterial
District Judge, pay a fine not to exceed $600 and costs of prosecution.
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 person who shall have violated this article may
be sentenced and committed to the county jail for a period not exceeding
30 days.