[HISTORY: Adopted by the Borough Council of the Borough of
Lehighton 3-13-1989 by Ord. No. 389. Amendments noted where applicable.]
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 chapter, means the commonwealth.
Having general knowledge of or reason to know or a belief or ground for belief which warrants further inspection or inquiry of the character and consent of the performance or any material described in § 168-2 which is reasonably susceptible to examination by the defendant.
Any literature, including any book, magazine, pamphlet, newspaper,
storypaper, comic book or writing and any figure, visual representation
or image, including any drawing, photograph, picture or motion picture.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic area,
buttocks, the showing of the female breast revealing a portion of
the nipple or the depiction of covered male genitals in a discernible
turgid state.
Any material, materials 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 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 or show performed
before an audience.
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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
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 or sidewalk.
B.
Sell, lend, distribute, exhibit, give away or show any obscene materials
to any minor 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 minor.
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.
Hire, employ, use or permit any minor child to do or assist in doing
any act or thing mentioned in this section.
F.
Produce, present or direct any obscene performance or participate
in a portion thereof that is obscene or that contributes to its obscenity.
G.
Sell an admission ticket or pass to premises where there is being
exhibited or is about to be exhibited material or performance which
features sexual conduct or nudity.
H.
Admit, by accepting a ticket or pass, a person to premises where
there is being exhibited or is about to be exhibited material or performance
which features sexual conduct or nudity.
I.
Produce, present, direct or knowingly allow the use of any business,
building, vehicle or place owned, leased, conducted or managed by
him to be used for a performance which features sexual conduct or
nudity.
J.
Participate in that portion of a live performance before an audience
which features sexual conduct or nudity.
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 sexual intercourse;
or
The solicitor of the Borough of Lehighton may initiate and/or
institute proceedings in equity in the Court of Common Pleas of Carbon
County when any person violates this chapter or a violation of this
chapter is imminent for the purpose of enjoining such violation. The
Court shall issue an injunction only after notice and hearing and
in accordance with the Pennsylvania Rules of Civil Procedure.[1]
[1]
Editor's Note: See 42 Pa. C.S.A. Rule 1 et seq.
Any person or entity convicted of violating any provision of
this chapter shall be guilty of a summary offense and shall pay a
fine of not more than $600 per offense or shall be imprisoned for
not more than 30 days, or both.
