[HISTORY: Adopted by the Board of Supervisors of the Township
of Leacock 4-7-1987 by Ord. No. 66. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 310.
The Board of Supervisors of the Township of Leacock (hereinafter
referred to as "Board of Supervisors") finds that the 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 establishments, adult model studios, bath houses,
body painting studios, outcall service activities or sexual encounter
centers 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 interferes with the interest of the
public in the quality of life and total community environment, the
tone of commerce in Leacock Township, property values, and the public
safety. It further finds that continued operation of such activities
is detrimental to the health, safety, convenience, good morals and
general welfare of Leacock Township, and of the residences, citizens,
inhabitants and businesses thereof. Accordingly, the Board of Supervisors
hereby declares such activities to be illegal as hereinafter set forth,
and further, that such activities are, and are hereby declared to
be and constitute a public nuisance, and herein establishes penalties
for such activities.
In this chapter the following definitions shall apply:
Any place where, for any form of consideration or gratuity,
figure models who display specified anatomical areas are provided
to be observed, sketched, drawn, painted, sculptured, photographed,
or similarly depicted by persons paying such consideration or gratuity,
except that this definition shall not apply to any figure studio or
school of art or similar establishment which meets the requirements
established in the Education Code of the Commonwealth of Pennsylvania
for the issuance or conferring of, and is in fact authorized thereunder
to issue and confer, a diploma.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy
during which specified anatomical areas are displayed or specified
sexual activity occurs. This definition shall not apply to hydrotherapy
treatment practiced by, or under the supervision of, a medical practitioner
or practiced by a professional massage technician. A "medical practitioner,"
for the purpose of this chapter, shall be a medical doctor, physician,
chiropractor or similar professional licensed by the Commonwealth
of Pennsylvania.
Any establishment or business which provides the service
of applying paint or other substance, whether transparent or nontransparent,
to or on the human body when specified anatomical areas are exposed.
The standards of the community consisting of the County of
Lancaster.
Audiovisual works consisting of a series of related images
which, when shown in succession, impart an impression of motion, together
with accompanying sounds, if any, fixed in a tangible medium of expression,
including, but not limited to, cellulose material and magnetic tapes.
Having knowledge of the character and content of the material
involved or failure on notice to exercise reasonable inspection which
would disclose the content and character of the same.
Any establishment or business which provides the services
of massage and body manipulation, including exercises, heat and light
treatments of the body, and all forms and methods of physiotherapy,
unless operated by a medical practitioner, chiropractor or professional
physical therapist licensed by the commonwealth. This definition does
not include an athletic club, health club, school, gymnasium, reducing
salon, spa or similar establishment where massage or similar manipulation
of the human body is offered as an incidental or accessory service.
Any person under the age of 18 years.
That which is determined as obscene, applying the following
guidelines:
Whether the average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
Whether the subject matter depicts or describes in a patently
offensive way sexual conduct of a type hereinafter described;
Whether the subject matter taken as a whole lacks serious literary,
artistic, political or scientific value; and
Whether subject matter which, standing alone, might not be obscene,
may nevertheless be characterized as obscene when examined in the
context of the circumstances of production, sale and publicity and,
in particular, of pandering.
Any establishment or business which provides an outcall service
which consists of individuals leaving the premises upon request or
by appointment to visit other premises for a period of time for the
purpose of providing any service during which time specified anatomical
areas are displayed or specified sexual activity occurs.
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 or other object;
Sadomasochistic abuse meaning flagellation or torture or sexual
gratification by or upon a person who is nude or clad in undergarments
or in a 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 organ or spread-eagle exposure of female genital organs;
Physical contact or simulated physical contact with the clothed
or naked pubic area of buttocks of a human male or female, or the
breasts of the female, whether alone or between members of the same
or opposite sex, or 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.
A natural person, partnership or corporation. Whenever used
in a clause describing or imposing a fine or term of imprisonment,
or both, the term "person," as applied to partnership, shall mean
the partners or members thereof and, as applied to corporation, shall
mean the officers thereof.
Any business, agency, or person who, for any form of consideration
or gratuity, provides a place where two or more persons, not all members
of the same family, may congregate, assemble or associate for the
purpose of engaging in specified sexual activity or exposing specified
anatomical areas, excluding psychosexual workshops, operated by professional
persons, licensed by the Commonwealth, to engage in sexual therapy.
As used herein shall mean and include any of the following:
Includes the following:
A.
General.
(1)
No person shall knowingly either sell, rent, distribute, exhibit,
show or 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, 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 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.
B.
Minors.
(1)
Display of certain material. No person, within Leacock Township, shall display at newsstands or any other business establishments frequented by minors under the age of 18 years 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 § 194-2, in the definition of "patently offensive," Subsections A through G, male or female buttocks or genitals or the female breast below a point immediately above the top of the areola.
(2)
Possession and control of obscene material.
(a)
In addition to any other violations or penalties prescribed herein, any person in the Township of Leacock 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 a minor participating, performing or observing any of the acts defined in § 194-2, the definition of "bath house," shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days, in addition to any other penalties imposed.[1]
(b)
Any obscene literature or film displaying or presenting pictures,
photographs or photographic images depicting prepubescent children
exhibiting underdeveloped genitalia or breasts shall be a per se violation
of the provisions of this subsection without further proof of age.
C.
Adult model studio, bath house, body painting studio, massage establishment,
outcall service activity and sexual encounter center. No person shall
own, operate or maintain any adult model studio, bath house, body
painting studio, massage establishment, outcall service activity or
sexual encounter center which, as a regular course of business, is
used for the purpose of lewdness, assignation or prostitution, and
every such adult model studio, bath house, body painting studio, massage
establishment, outcall service activity or sexual encounter center
in or upon which acts of lewdness, assignation or prostitution are
held or occur is declared to be a public nuisance.
Upon observing or receiving notice of a potential violation
of this chapter, the Police Department of the Township of Leacock,
or any other proper law enforcement agency, 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
chapter has or is continuing to occur, the Department shall continue
its investigation in order to determine whether there is probable
cause for the institution of legal action for the enforcement of this
chapter. The facts establishing probable cause shall be assembled
according to the following procedure:
A.
Obscene articles available for purchase. A police officer shall purchase
the allegedly obscene articles and prepare, issue or file the appropriate
process for the institution of enforcement proceedings for each article
purchased.
B.
Obscene films.
(1)
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 and prepare, issue or file
the appropriate process for the institution of enforcement proceedings.
(2)
If the film seized is the only copy available, the officer shall
request the Magisterial District 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 it has been copied pursuant
to the Magisterial District Judge's authorization.
C.
Obscene live performances. An officer shall observe the allegedly
obscene performance and prepare, issue or file the appropriate process
for the institution of enforcement proceedings.
In addition to any other penalties specifically provided, any
person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
