[HISTORY: Adopted by the Board of Supervisors of the Township of West Lampeter 8-18-1986 by Ord. No. 86. Amendments noted where applicable.]
Zoning — See Ch. 285.
The Board of Supervisors of West Lampeter Township finds that the commercial exploitation of explicit sexual conduct through the public exhibition 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 of 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 West Lampeter 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 West Lampeter 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:
- ADULT MODEL STUDIO
- 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 provision 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.
- BATH HOUSE
- 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.
- BODY PAINTING STUDIO
- Any establishment or business which provides the service or applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.
- COMMUNITY STANDARDS
- The standards of the community consisting of the County of Lancaster.
- 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.
- MASSAGE ESTABLISHMENT
- 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:
- 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;
- C. Whether the subject matter taken as a whole lacks serious literary, artistic, political or scientific value; and
- D. 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.
- OUTCALL SERVICE ACTIVITY
- 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.
- 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 or other object;
- 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 to 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 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;
- 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, 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.
- SEXUAL ENCOUNTER CENTER
- 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.
- SPECIFIED ANATOMICAL AREAS
- Includes any of the following:
- SPECIFIED SEXUAL ACTIVITIES
- Includes any of the following:
- A. Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty; or
- B. Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; or
- C. Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
- D. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or
- E. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain; or
- F. Erotic or lewd touching, fondling or other contact with an animal by a human being; or
- G. Human excretion, urination, menstruation, vaginal or anal irrigation.
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, storybook, 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.
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, storybook, 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.
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.
No person shall knowingly produce, present or direct any obscene performance or participate in the portion thereof which is obscene.
No person, being the owner of any premises or having control thereof, shall knowingly permit within on 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, storybook, paper, comic book, writing, drawing, photograph, figure or image, or any written or printed matter of an obscene nature.
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.
Display of certain material. No person, within West Lampeter Township, shall display at newsstands or any other business establishment 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 the definition of PATENTLY OFFENSIVE in § 85-2 of this chapter, male or female buttocks or genitals or the female breast below a point immediately above the top of the areola.
Possession and control of obscene material.
In addition to any other violations or penalties prescribed herein, any person in West Lampeter 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, storybook, 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 Subsection B(1) of this section shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to the penalty set forth in § 85-5 of this chapter, in addition to any other penalties imposed.
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 section without further proof of age.
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 West Lampeter Township 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:
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.
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.
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 it has been copied pursuant to the District Justice's authorization.
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 being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the 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 a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
If any clause, sentence, paragraph or part of this chapter, or the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter nor the application of such clause, sentence, paragraph or part to other persons or circumstances but shall be confined in its operation to the clause, sentence, paragraph or part thereof and to the persons or circumstances directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the legislative intent that this chapter would have been adopted had such provisions not been included or such person or circumstances been expressly excluded from their coverage.