The Council finds 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
interferes with the interest of the public in the quality of life
and total community environment, the tone of commerce in the Borough,
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 Borough of Ridley Park and
of the residents, citizens, inhabitants and businesses thereof. Accordingly,
the Borough of Ridley Park Council 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:
COMMUNITY STANDARDS
The standards of the community from which the jury is drawn
or would be drawn if it were the trier of the fact.
KNOWINGLY
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.
OBSCENE
That which is determined as obscene, applying the following
guidelines:
A.
Whether the average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
B.
Whether the subject matter depicts or describes in a patently
offensive way sexual conduct of a type hereinafter described; and
C.
Whether the subject matter taken as a whole lacks serious literary,
artistic, political or scientific value.
PATENTLY OFFENSIVE
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:
A.
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.
B.
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.
C.
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.
D.
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 or between humans and animals, in an act of apparent
sexual stimulation or gratification.
E.
A device designed and marketed as useful primarily for stimulation
of the human genital organs.
F.
Male or female genitals in a discernibly turgid state.
G.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation and
any excretory function.
PERSON
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 a partnership, shall mean
the partners or members thereof and, as applied to a corporation,
shall mean the officers thereof.
Upon observing or receiving notice of a potential violation
of this chapter, the Borough shall conduct an investigation to determine
whether legal action shall be taken. If the Borough determines that
there is reason to believe that a violation of this chapter has occurred
or is continuing to occur, the Borough shall continue its investigation
in order to provide a District Justice with sufficient facts to establish
probable cause that this chapter has been violated and to enable the
District Justice to issue the appropriate process. The facts establishing
probable cause shall be assembled according to the following procedure:
A. Obscene articles available for purchase. The Borough Manager or his
designate shall purchase the allegedly obscene articles, prepare a
citation for each article purchased and present the article and the
citation to a District Justice, requesting the Justice to issue the
appropriate process.
B. Obscene films.
(1) If an allegedly obscene film is not available for purchase or rental,
a Code Enforcement 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 a District
Justice, requesting the Justice to issue the appropriate process.
(2) If the film seized is the only copy available, the officer shall
request the District Justice 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 District Justice and
after it has been copied pursuant to the Justice's authorization.
C. Obscene live performances. An officer shall observe the allegedly
obscene performance, prepare a citation and present the citation to
a District Justice, requesting the Justice to issue the appropriate
process.
[Amended 10-21-2003 by Ord. No. 1131]
In addition to any other penalties specifically provided, any
person violating any provision of this chapter shall be guilty of
a summary offense and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding $600 or to undergo imprisonment for a
period not exceeding 30 days, or both.