1.    No person, knowing the obscene character of the materials involved, shah:

      A.   Display or cause or permit the display of any exphcit sexual materials as defined in § 27-1302 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 pubhc street, highway, sidewalk, transportation facihty or other public thoroughfare, or in any business or commercial estabhshment where minors, as a part of the general public or otherwise, are or will probably be exposed to view ah or any part of such materials.

      B.   Sell, lend, distribute, exhibit, give away or show any obscene materials to any persons 17 years of age or younger 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 persons 17 years of age or younger, or knowingly advertise any obscene materials in any manner. [Ord. 553]

      C.   Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials.

      D.   Write, print, pubhsh, 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 to do or assist in doing any act or thing mentioned in this subsection.

(Ord. 462, 8/14/1995, §1300; as amended by Ord. 553, 5/10/2004, §1)

As used in this Part the following words and phrases shah have the meanings given to them in this Part.

   COMMUNITY - for the purpose of applying the "contemporary community standards" in this Part, community means the State.

   KNOWING - as used in § 27-1301, knowing means having a 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 described therein which is reasonably susceptible of examination by the defendant.

   OBSCENE MATERIAL - any literature, including any book, magazine, pamphlet, newspaper, storypaper, comic book or writing, and any figure, visual representation or image, including a drawing, photograph, picture or motion picture, 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 described in a patently offensive way, sexual conduct of a type described in this Part.

      C.   The subject matter, taken as a whole, lacks serious literary, artistic, political, education or scientific value.

   SEXUAL CONDUCT - patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive misrepresentations or descriptions of masturbation, excretory functions and lewd exhibition of the genitals.

   TRANSPORTATION FACILITY - any conveyance, premises or place used for or in connection with pubhc 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.

(Ord. 462, 8/14/1995, §1301)

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, or similar visual representations 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 subsection (A) or exphcit and detailed verbal descriptions of narrative accounts or sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.

(Ord. 462, 8/14/1995, §1302)

It shah 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 admit a minor for a monetary consideration to premises whereon there is exhibited, a motion picture show or other presentation which, in sole or in part, depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors, except that the foregoing shah not apply to any minor accompanied by his parent.

(Ord. 462, 8/14/1995, §1303)

As used in §§ 27-1303 and 27-1304 of this Part:

   HARMFUL TO MINORS - means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

      A.   Predominantly appeals to the prurient, shameful, or morbid interest of minors.

      B.   Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.

      C.   Is without redeeming social importance for minors.

   KNOWINGLY - means having general knowledge of, or reason to know, or a behef or ground for belief which warrants further inspection or inquiry to both:

      A.   The character and content of any material described herein which is reasonably susceptible of examination by the defendant.

      B.   The age of the minor: provided, however, that an honest mistake shah constitute an excuse from liability hereunder if the defendant, made a reasonable bona fide attempt to ascertain the true age of such minor.

   MINOR - means any person under the age of 17 years.

   NUDITY - means 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.

   SADOMASOCHISTIC ABUSE - means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

   SEXUAL CONDUCT - means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

   SEXUAL EXCITEMENT - means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(Ord. 462, 8/14/1995, §1304)

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, 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, comicbook, writing, drawing, photograph, figure or image, or any written or printed matter of an obscene nature or any article or instrument of an obscene nature.

(Ord. 462, 8/14/1995, §1305)

The Borough may institute proceedings in equity in any court of competent jurisdiction when any person violated or clearly is about to violate this Part for the purpose of enjoining violation.

(Ord. 462, 8/14/1995, §1306)

Any person who violates the provisions of this Part shaU be subject to enforcement remedies as set forth in Part 4 of this Chapter.

(Ord. 462, 8/14/1995, §1307)

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 pubhc library, any hbrary of any school, college or university or any archive or library under the supervision and control of the Commonwealth or a pohtical subdivision.

(Ord. 462, 8/14/1995, §1308)