[HISTORY: Adopted by the Borough Council of the Borough of
Parkside 7-20-1983 by Ord. No.
322 (Ch. 41 of the 1979 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 182.
It shall be unlawful to establish or maintain any adult bookstore
within 500 feet of any area or building used for religious or educational
purposes in the Borough of Parkside.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment having a significant or substantial amount
of its business relating to books, magazines, periodicals, newspapers,
visual representations, writing, photos, films or video cassettes
that contain specific sexual activities or descriptions related to
specific anatomical areas or to specified sexual activities as follows:
normal sexual acts, normal or perverted, actual or simulated and patently
offensive representations or descriptions of masturbation, excretory
functions and lewd exhibitions of the genitals, or an establishment
with a section devoted to the sale or display of such material.
Human genitals, the pubic region, buttocks, female breasts
and any other anatomical areas as provided for in state legislation.
[Amended 12-21-1988 by Ord. No. 349]
When written notice of a violation of this chapter has been
served by the Mayor of Parkside upon the owner of the adult bookstore
and/or the person in charge of the bookstore, such violation shall
cease immediately. Any owner or occupant of such adult bookstore in
which such violation exists and any person who knowingly commits or
participates in any such violation shall, upon conviction before a
District Justice, be sentenced to pay a fine not exceeding $600 for
each violation and, also, the costs of prosecution. The refusal to
pay such fine after being convicted will necessitate imprisonment
in the Delaware County Jail for a period not exceeding 60 days. Each
day after written notice of a violation is served shall constitute
a separate violation and shall be punishable as such.
