[Ord. 1985-O-145, 9/23/1985]
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, 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 literature, book, magazine, pamphlet, newspaper, storybook,
paper, comic book, writing, drawing, photographed 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, storybook, 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 the 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, storybook, 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.
[Ord. 1985-O-145, 9/23/1985; Ord. 89-O-211, 6/5/1989; as
amended by Ord. 91-O-11, 7/22/1991; and by Ord. 97-O-22, 12/3/1997]
1.
No person, within the Township of Newtown, shall display or cause
or permit the display at, on, or in, any window, showcase, newsstand,
display rack, billboard, display board, viewing screen marquee or
similar place in any business establishment frequented by minors or
where said minors are or may be invited as a part of the general public,
or in any other place where they would have the opportunity to view,
any obscene publication or material.
2.
In addition to any other violations or penalties prescribed herein, any person in the Township of Newtown 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, storybook, 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 this Part 1, shall be subject to the penalty provisions provided in § 105.
3.
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 § 102 without further
proof of age.
[Ord. 1985-O-145, 9/23/1985]
1.
MASSAGE
MASSAGE PARLOR
MODEL STUDIO
(1)
(2)
(3)
(a)
(b)
(c)
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.
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.
Any building or structure or portion thereof, located within
the Borough, which is open to members of the general public, with
or without the payment of a fee, at which massage services are offered.
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.
Exception: "Model Studio" does not include:
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
Any premises where there is conducted the business of furnishing,
providing or procuring figure models solely for any studio described
in Subsection (a) of this § 103.
Any studio operated by a tax exempt, non-profit corporation
devoted to the development of art and its appreciation.
[Ord. 1985-O-145, 9/23/1985; as amended by Ord. 89-O-211,
6/5/1989, § 2 and 3]
The standards of the State.
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.
That which is determined to meet all of the following three
criteria:
The average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
The subject matter depicts or describes in a patently offensive
way sexual conduct, of a type hereinafter described; and
The subject matter taken as a whole lacks serious literary,
artistic, political or scientific or educational 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, analgenital
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 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 area or buttocks of a human male or female, or the breasts
of the female, whether alone or between members of the same of 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.
Any natural person age 17 or younger.
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.
[Ord. 1985-O-145, 9/23/1985; as amended by Ord. 91-O-11,
7/22/1991; and by Ord. 97-O-22, 12/3/1997]
1.
Enforcement Notice.
A.
If it appears to the Township that a violation of this Part has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding the parcel and to any other person requested in
writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property
in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Part.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Board of Supervisors within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in an civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate violation.
B.
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than the Township the right to
commence any action for enforcement pursuant to this section.
C.
District justices shall have initial jurisdiction over proceedings
brought under this section.
3.
The penalties provided herein shall be in addition to and in no way limit the right of Newtown Township to seek relief provided either in the Joint Municipal Zoning Ordinance (Chapter 27 of this Code), the Pennsylvania Municipalities Planning Code, or at common law including, but not limited to, the right to secure injunctive relief, to issue cease and desist orders and the right to take action to abate a public nuisance.
[Ord. 1985-O-145, 9/23/1985]
The uses defined in this Part 1 as being prohibited are hereby
declared to be illegal and a public nuisance.
[Ord. 89-O-211, 6/5/1989, § 5]
If any part of this Part is declared by a court of competent
jurisdiction to be invalid or unconstitutional, such a determination
shall have no effect on the validity of the ordinance as a whole or
any other part hereof.
