As used in this chapter, the following terms shall have the
meanings indicated:
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
Having knowledge of the contents and character or the patently
offensive sexual conduct or other content which appears in the motion-picture
film, publication or live theater production or knowledge of the acts
of obscenity, assignation or prostitution which occur in any place.
MASSAGE
Any method of treating the superficial soft parts of the
human body for remedial, hygienic or other purposes, consisting of
rubbing, stroking, kneading or any similar treatment, accomplished
by hand or by the use of any instrument.
MASSAGE PARLOR
Any building or structure or portion thereof located with
the Township which is open to members of the general public, with
or without the payment of a fee, at which massage services are offered.
MATTER
A motion-picture film, live theater production, publication,
or all three.
MODEL STUDIO
A.
Any place where there is conducted the business of furnishing
figure models who pose in the nude for the purpose of being observed
or viewed by any person or of being sketched, painted, drawn, sculpted,
photographed or otherwise similarly depicted for persons who pay a
fee or other consideration or compensation or a gratuity.
B.
Any place where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration or compensation
or gratuity, figure models who pose nude to be observed or viewed
by any person to be sketched, painted, drawn, sculpted, photographed
or otherwise similarly depicted.
C.
Exception. The term "model studio" does not include:
(1)
Any studio which is operated by any state college or junior
college, public or private school, or any governmental agency wherein
the person, firm, association, partnership or corporation so operating
has met the requirements established by the Commonwealth of Pennsylvania
for the issuance or conferring of, and is in fact authorized thereunder
to issue and confer, a diploma or honorary diploma; or
(2)
Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection
A of this definition.
MOTION-PICTURE FILM
Shall include any:
C.
Film designed to be projected on a screen for exhibition;
D.
Films, glass slides or transparencies, either in negative or
positive form, designed for exhibition by projection on a screen;
or
E.
Videotape or any other medium used to electronically reproduce
images on a screen.
NUDE
Shall include:
A.
Completely without clothing; or
B.
With 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 covered male genitals in a discernibly
turgid state.
OBSCENE MATTER
Any matter which:
A.
The average adult person, applying contemporary community standards,
would find, when considered as a whole, appeals to the prurient interest;
and
B.
Which depicts or describes patently offensive representations
or descriptions of:
(1)
Ultimate sexual acts, normal or perverted, actual or simulated;
or
(2)
Masturbation, excretory functions, or exhibition of the genitals
or genital area; and
C.
The matter, taken as a whole, lacks serious literary, artistic,
political, educational or scientific value.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PLACE
Includes, but is not limited to, any building, structure
or space or any separate part or portion thereof, whether permanent
or not, or the ground itself.
PUBLICATION
Any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording or a motion-picture film which
is displayed in an area open to the public, offered for sale or exhibited
in a coin-operated machine.
SALE
A passing of title or right of possession from a seller to
a buyer for valuable consideration, and shall include, but is not
limited to, any lease or rental arrangement or other transaction wherein
any valuable consideration is received for the use of or transfer
of possession of obscene matter.
[Amended 8-14-1989 by Ord. No. 16-1989]
A. The Township Solicitor or any citizen of the Commonwealth of Pennsylvania
resident within the Township may maintain an action of equitable nature
in the name of the Township upon the relation of such Township Solicitor
or citizen of notice to abate a nuisance.
B. No bond shall be required of the Township Solicitor. If such action
is instituted by a private citizen, a bond shall be required in an
amount, as established from time to time by resolution, to secure
to the defendants the proximate damages which may be sustained, including
attorney's fees, if any court finds that there were no reasonable
grounds for said action.
C. The Township Solicitor shall have the right to present arguments
and authorities on behalf of either party.