[Ord. 1893, 8/9/1999, § 1]
Pursuant to the authority granted in the Borough Code of the
Commonwealth of Pennsylvania to prohibit nuisances, to promote the
health, cleanliness, comfort and safety of the citizens of the Borough
of Pottstown 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 Pottstown
enacts the following Part.
[Ord. 1893, 8/9/1999, § 2]
1.
Offenses Defined. No person, knowing the obscene character of the
materials or performances involved shall, within the Borough of Pottstown:
A.
Display or cause or permit the display of any explicit sexual materials
as defined in subsection (2) 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.
B.
Sell, lend, distribute, exhibit, give away or show any obscene materials
to any person 18 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 18 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 subsection.
2.
COMMUNITY
KNOWING
MATERIAL
NUDE
OBSCENE
(1)
(2)
(3)
PERFORMANCE
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
TRANSPORTATION FACILITY
Definitions. As used in this Part,
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 Part, community means the State.
As used in subsection (1), "knowing" means 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
content of any material or performance described therein which is
reasonably susceptible of examination by the person in charge with
violation of this Part.
Any literature, including any book, magazine, pamphlet, newspaper,
story paper, bumper sticker, comic book or writing; any figure, visual
representation or image, including any drawing, photograph, picture,
video tape 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 Part.
The subject matter, taken as a whole, lack serious literary,
artistic, political or 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, water craft, railroad
cars, buses and air, boat, railroad and bus terminals and stations.
3.
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:
A.
Any picture, photograph, drawing, sculpture, motion picture film,
video tape 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.
B.
Any book, pamphlet, magazine, printed matter however reproduced,
or sound recording which contains any matter enumerated in this Section
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.
4.
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.
5.
HARMFUL TO MINORS
(1)
(2)
(3)
KNOWINGLY
(1)
(2)
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.
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 ground 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 or examination by the person
charged with violation of this Part.
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 Part made a reasonable bonafide attempt
to ascertain the true age of such minor.
Any person under 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 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.
6.
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, story paper, paper, comic book, writing,
drawing, photograph, video tape, 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, video tape, figure or image,
or any written or printed matter of an obscene nature or any article
or instrument of an obscene nature.
[Ord. 1893, 8/9/1999, § 3]
Nothing in this Part 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.
[Ord. 1893, 8/9/1999, § 4]
Any person who shall violate the provisions of this Part shall,
upon summary conviction before any district justice, 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 Part may be sentenced and committed to
the County jail for a period not exceeding 30 days.
