[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:
- A. The average person, applying contemporary community standards, would find that the subject matter taken as a whole appeals to the prurient interest;
- B. The subject matter depicts or describes in a patently offensive way sexual conduct of a type described in this section; and
- C. 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.
- SEXUAL CONDUCT
- 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.
- SEXUAL EXCITEMENT
- 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:
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.
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.
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.
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.
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this section.
Produce, present or direct any obscene performance or participate in a portion thereof that is obscene or that contributes to its obscenity.
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.
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.
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.
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:
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.
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.