[Ord. 145, 8/27/1985, § 1]
1.
The Township Supervisors find that the crass commercial exploitation
of explicit sexual conduct through the public exhibition of obscene
films and the sale of obscene publications and devices, and the use
of so-called massage parlors and model studios for the purpose of
lewdness, assignation or prostitution constitutes a debasement and
distortion of a sensitive key relationship of human existence, central
to family life, community welfare and the development of human personality,
is indecent and offensive to the senses and to public morals and interferes
with the comfortable enjoyment of life and property, in that such
interference with the interest of the public in the quality of life
and total community environment, the tone of commerce in the community,
property values, and the public safety; and that the continued operation
of such activities is detrimental to the best health, safety, convenience,
good morals and general welfare of the Township and of the residents,
citizens, inhabitants and business thereof. Accordingly, the Supervisors
hereby declare such activities to be illegal as hereinafter set forth,
and further, that such activities are public nuisances, and herein
establishes penalties for such activities.
2.
This Part may be known and cited as the "Obscenity Control Ordinance."
[Ord. 145, 8/27/1985, § 2]
The matter or performance may be purchased or attended on
a subscription basis, on a membership fee arrangement, or for a separate
fee for each item or performance.
The standards of the community from which the jury is drawn
or would be drawn if it were the trier of the fact.
Exposing, placing, posting, exhibiting, or in any fashion
displaying in any location, whether public or private, an item in
such a manner that it may be readily seen, and its content or character
distinguished by normal unaided vision viewing it from a street, highway,
or public sidewalk, or from the property of others.
To transfer possession of, with or without consideration.
Any pictorial, two- or three-dimensional material depicting:
human masturbation, deviate sexual intercourse, sexual intercourse,
direct physical stimulation or unclothed genitals, sadomasochistic
abuse, or emphasizing the depiction of post-pubertal human genitals;
provided, however, that works of art or of anthropological significance
shall not be deemed to be included in the foregoing definition.
Any public display of human genitals in a state of sexual
stimulation or arousal; acts of human masturbation, sexual intercourse,
or sodomy; fondling or other erotic touching of human genitals, pubic
region, buttocks, or female breast.
Being aware of or having knowledge of the contents or character
of the patently offensive conduct, demonstration, film, publication,
or acts of lewdness, assignation or prostitution which occur on the
premises or failure to exercise reasonable inspection which would
disclose such character.
Any process consisting of kneading, rubbing or otherwise
manipulating the skin of the body of a human being either with the
hand or by means of electrical instruments or apparatus or other special
apparatus where performed on a member of the opposite sex, but shall
not include massages by duly licensed physicians, osteopaths, chiropractors,
registered nurses and practical nurses operating under a physician's
directions, registered speech pathologists, physical or occupational
therapists and properly licensed masseur or masseuse who treat only
patients recommended by a licensed physician and who operate only
under such physician's direction; nor shall this definition include
any massage of the face or neck practiced by beauticians, cosmetologists
and barbers duly licensed.
Any building, room, place or establishment where, for any
form of consideration or gratuity, massage is applied upon the human
body by anyone not a duly licensed physician, osteopath, chiropractor,
registered nurse and practical nurse operating under a physician's
directions, registered speech pathologist, physical or occupational
therapist and properly licensed masseur and masseuse who treat only
patients recommended by a licensed physician and operate only under
such physician's direction, whether with or without the use of mechanical,
therapeutic or bathing devices, and shall include turkish bathhouses.
The term shall not include a regularly licensed hospital, medical
clinic or nursing home, duly licensed beauty parlors or barber shops.
Any book, magazine, newspaper or other printed or written
material or any picture, drawing, photograph, motion picture, or other
pictorial representation or any statue or other figure, or any recording,
transcription or mechanical, chemical, or electrical reproduction
or any other articles, equipment or machines.
Any person 17 years of age, or younger.
Any premises on which 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,
sculptured, photographed or otherwise similarly depicted for persons
who pay a fee, or other consideration or compensation, or a gratuity,
for the right or opportunity so to depict the figure model, or for
admission to, or for permission to remain upon, or as a condition
for remaining upon the premises; or any premises 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 in the nude to be observed or viewed by any person or to be sketched,
painted, drawn, sculptured, photographed or otherwise similarly depicted;
provided, however, that the term "model studio" shall not include
(1) any studio which is operated by any college or junior college,
public school, or any governmental agency wherein the person, firm,
association, partnership, or corporation operating it has met the
requirements of the State 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 premises where there is conducted
the business of furnishing, providing or procuring figure models solely
for any studio described in subsection (1) of this subsection; or
(3) any studio operated by a tax exempt, nonprofit corporation devoted
to the development of art and its appreciation.
Shall include: (1) completely without clothing or (2) with
the human male or female genitals, pubic area or buttocks with less
than a full 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.
Those items which depict illicit sex or sexual immorality
or nude or partially denuded figures.
The average person applying contemporary community standards
would find that the predominant appeal of the subject matter taken
as a whole, is to prurient interest; that is, a shameful or morbid
interest in sexual conduct, nudity, or excretion; and the subject
matter depicts or describes sexual conduct in a patently offensive
manner, and the subject matter, taken as a whole, lacks serious literary,
artistic, political or scientific value.
So offensive on its face as to affront current standards
of decency, and shall be deemed to include any of the following described
forms of sexual conduct, if they are depicted so as to affront current
standards of decency:
An act of sexual intercourse, normal or perverted, actual or
simulated, real or animated, including genital-genital, anal-genital,
or oral-genital intercourse, whether between human beings or between
a human being and an animal.
Sadomasochistic abuse meaning flagellation or torture or sexual
gratification, by or upon a person who is nude or clad in undergarments
or in revealing costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of the one so clothed.
Masturbation, excretory functions, and lewd exhibition of the
genitals, including any explicit close-up representation of a human
genital or organ or spread-eagle exposure of female genital organs.
Physical contact or simulated physical contact with the clothed
or naked pubic area or buttocks of a human male or female, or the
breasts of the female, whether alone or between members of the same
or opposite sex, between humans and animals in an act of apparent
sexual stimulation or gratification.
A device designed and marketed as useful primarily for stimulation
of the human genital organs.
Male or female genitals in a discernibly turgid state.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation, or
any excretory function.
Any preview, play, show, skit, film, dance or other exhibition
performed before an audience.
Individuals, partnerships, firms, corporations, associations,
jointstock companies, trusts and any unincorporated organizations.
Whenever used in a clause describing or imposing a fine or term of
imprisonment or both, the term "person" as applied to a partnership
shall mean the partners or members thereof, and as applied to a corporation
or joint-stock company shall mean the officers thereof and as applied
to a trust shall mean the trustees thereof.
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.
Any material or device or performance is "pornographic for
minors" if it is primarily devoted to description or representation,
in whatever form, of nudity, sexual conduct, sexual excitement, or
sadomasochistic abuse; and its predominant appeal is to prurient interest
in sex; and, it is patently offensive to prevailing standards in the
adult community as a whole with respect to what is suitable material
for minors; and, it lacks serious literary, artistic, political or
scientific value for minors.
To cause, permit, procure, counsel or assist.
Any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording, or motion picture film which
is displayed in an area open to the public, offered for sale or exhibited
in a coin-operated machine.
A passing of title or right of possession from a seller to
a buyer for consideration, and shall include, but is not limited to,
any lease or rental arrangement or other transaction wherein or whereby
any consideration is received for the use of, or transfer of possession
of, obscene matter.
The provision of services to paying guests in establishments
providing food and beverages; including, but not limited to hostessing,
hat checking, cooking, bar tending, serving, table setting and clearing,
waiter and waitressing and entertaining.
Any instrument or appliance primarily designed, promoted
or marketed for the purposes of artificially causing, simulating,
stimulating or enhancing sexual conduct, except that any such device
which is sold, distributed or displayed for bona fide medical purposes
shall not be included within this definition.
[Ord. 145, 8/27/1985, § 3]
1.
No person shall knowingly either sell, rent, distribute, exhibit,
show, transmit, or offer either to sell, rent, distribute, exhibit,
show or transmit, or have in his possession or under his control with
intent either to sell, rent, distribute, exhibit, show or transmit
to another, any obscene motion picture film or any obscene literature,
book, magazine, pamphlet, newspaper, story book, paper, comic book,
writing, drawing, photograph, figure, image, or any written or printed
matter of an obscene nature or any device, article or instrument of
an obscene nature.
2.
No person shall knowingly participate in, support or in any way aid
or assist any person in selling, renting, distributing, or showing
any obscene motion picture film, or any obscene literature, book,
magazine, pamphlet, newspaper, story book, paper, comic book, writing,
drawing, photograph, figure or image or any written or printed matter
of an obscene nature or any device, article or instrument of an obscene
nature.
3.
No person shall knowingly design, copy, draw, photograph, print,
utter, publish or in any manner manufacture or prepare any obscene
motion picture film, or any obscene book, picture, film, drawing,
magazine, pamphlet, newspaper, story book, paper, comic book, writing,
figure, image, matter, device, article, or instrument of an obscene
nature.
4.
No person shall knowingly produce, present, or direct any obscene
performance or participate in the portion thereof which is obscene.
5.
No person, being the owner or lessee of any premises or having control
thereof, shall knowingly permit within or upon said premises the exhibition,
projection or showing of any motion picture film, show, presentation
or performance of an obscene nature, or permit anyone to sell, rent,
distribute, exhibit, give away or show any obscene literature, book,
magazine, pamphlet, newspaper, story book, paper, comic book, writing,
drawing, photograph, figure or image, or any written or printed matter
of an obscene nature.
6.
No person shall knowingly write, print, publish or utter, or cause
to be printed, published or uttered, any advertisement or notice of
any kind giving information directly or indirectly, stating or purporting
to state where, how or whom or by what means, any obscene motion picture
film, picture, book, writing, paper, comic book, figure, image, matter,
article or thing of an obscene nature can be seen, purchased, obtained
or had.
7.
No person shall knowingly write, print, publish or utter, or cause
to be printed, published or uttered, any advertisement or notice of
any kind giving information directly or indirectly, stating or purporting
to state where, how or whom or by what means, any obscene motion picture
film, picture, book, writing, paper, comic book, figure image, matter,
article or thing of an obscene nature can be seen, purchased, obtained
or had.
A.
His or her genitals, pubic hair, buttocks, perineum, anal region
or public hair region;
B.
Any device, costume or covering which gives the appearance of or
simulates the genitals, pubic hair, buttocks, perineum, anal region
or pubic hair region; or
C.
Any portion of the female breast at or below the areola thereof.
8.
No person shall own, operate or maintain any massage parlor or model
studio which, as a regular course of business, is used for the purpose
of lewdness, assignation or prostitution, and every such massage parlor
or model studio in or upon which acts of lewdness, assignation or
prostitution are held or occur, is declared to be a public nuisance.
9.
No person shall knowingly lease, own, or make available for such
purposes a massage establishment, or engage in or offer to engage
in for pecuniary gain or consideration the practice of massage as
such conduct is defined herein.
10.
No person shall knowingly publicly display explicit sexual material
or, to fail to take prompt action to remove the display of explicit
sexual material from property in his possession after learning of
its existence.
11.
No person shall knowingly furnish pornographic material to minors.
12.
No person, within the Township, shall display at newsstands or any
other business establishment frequented by minors or where said minors
are or may be invited as a part of the general public, or where they
may view same, any material depicting the acts specified in § 702
of this Part, male or female buttocks or genitals or the female breast
below a point immediately above the top of the areola.
13.
In addition to any other violations or penalties prescribed herein,
any person in the Township who has in his possession or under his
control with intent to sell, rent, distribute, exhibit, show or transmit
to another, any obscene motion picture film or any obscene literature,
book, magazine, pamphlet, newspaper, story book, paper, comic book,
writing or any other written or printed matter containing photographs
or photographic images depicting children under the age of 17 years,
participating, performing, or observing any of the acts defined in § 701
of this Part, shall be guilty of a summary offense and upon conviction
thereof, shall be sentenced to pay a fine not exceeding $300 for each
offense or undergo imprisonment for a period not exceeding 90 days,
or both, in addition to any other penalties imposed. Each and every
alleged violation shall constitute a separate offense.
14.
Any obscene literature or film displaying or presenting pictures,
photographs or photographic images depicting prepubescent children
exhibiting underdeveloped genitails or breasts, shall be a per se
violation of the provisions of this section without further proof
of age.
15.
No person shall knowingly promote the commission of any of the above
listed acts.
[Ord. 145, 8/27/1985, § 4]
1.
Actual notice of the obscene or pornographic nature of any such material,
performance or activity may be given to a person involved in or responsible
for such by the Township Manager, zoning officer, code enforcement
officer or other duly authorized Township official at the Township's
sole election.
2.
A person who promotes any activity prohibited in § 703
in the course of his business is presumed to do so with knowledge
of its content and character.
3.
Provided, however, that this section shall not be construed as a
condition precedent to the commencement by the Township of criminal
and/or civil proceedings hereunder. The Township is specifically authorized
to institute criminal and/or civil proceedings for violations of this
Part at its sole election without first having to give notice as provided
by this section.
[Ord. 145, 8/27/1985, § 5]
1.
Criminal Action.
A.
Upon observing or receiving notice of a potential violation of this
Part, the Police Department shall conduct an investigation to determine
whether legal action shall be taken. If the Department determines
that there is reason to believe that a violation of this Part has
or is continuing to occur, the Department shall continue its investigation
in order to provide the Court of Common Pleas or a District Justice
(hereinafter referred to as "judge") with sufficient facts to establish
probable cause that this Part has been violated and to request the
Judge to issue the appropriate process. The facts establishing probable
cause shall be assembled according to the following procedure:
(1)
Obscene Articles Available for Purchase. A police officer shall
purchase the allegedly obscene articles, prepare a citation for each
article purchased and present the article and the citation to the
Judge, requesting the Judge to issue the appropriate process.
(2)
Obscene Films. If an allegedly obscene film is not available
for purchase, a police officer shall prepare a search warrant for
the seizure of the film. After the search warrant has been issued
the officer shall confiscate the film described in the search warrant,
prepare a citation and present the film and the citation to the Judge,
requesting the Judge to issue the appropriate process.
(a)
If the film seized is the only copy available, the officer shall
request the Judge who issued the search warrant to allow the copying
of the film. The original film shall be returned to the owner as soon
as possible after review by the Judge and, after it has been copied
pursuant to the Judge's authorization.
(3)
Obscene Live Performances. An officer shall observe the allegedly
obscene performance, prepare a citation and present the citation to
the Judge, requesting the Judge to issue the appropriate process.
2.
Civil Action.
A.
The Township may maintain an action to enjoin any person from operating
a facility which is used for prohibited conduct as specified herein.
B.
Preliminary and permanent injunctions may be issued to prevent the
further continuance of such conduct. The offenders or persons owning,
in control or in charge of such facility shall certify that the illegal
activity has been abated.
[Ord. 145, 8/27/1985, § 6; as amended by Ord. 240,
10/28/1997]
1.
In addition to any other penalties specifically provided, any person,
firm or corporation who shall violate any provision of this Part,
upon conviction thereof in an action brought before a district justice
in the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
days. Each day that a violation of this Part continues or each Section
of this Part which shall be found to have been violated shall constitute
a separate offense.
2.
Such cost of abatement is hereby made a special assessment against
parcel of land upon which such nuisance is maintained. Upon its determination
in a civil action, such shall, by separate legal proceeding, be made
a lien against such property and a personal obligation against any
person, and shall be collected at the same time and in the same manner
as ordinary Municipal taxes are collected, and shall be subject to
the same penalties and the same procedure and sale in the case of
delinquency as provided for ordinary Municipal taxes. All laws applicable
to the levy, collection and enforcement of Municipal taxes shall be
applicable to such special assessment.
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The cost of abatement shall include the following:
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