[HISTORY: Adopted by the Borough Council of the Borough of Eddystone 10-8-1984 by Ord. No. 491, approved 10-8-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 295.
The Borough 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 of Eddystone, 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 Eddystone and the residents, citizens, inhabitants and business thereof. Accordingly, the Borough of Eddystone's Borough 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:
The standards of the community from which the jury is drawn or would be drawn if it were the trier of the fact.
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 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.
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 for 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 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 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.
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 a partnership, shall mean the partners or members thereof and, as applied to a corporation, shall mean the officers thereof.
A.
General.
(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, video tape or any obscene literature, book, magazine, pamphlet, newspaper, figure, image or any written or printed matter of an obscene nature or any device, article or instrument of an obscene nature.
[Amended 3-11-1985 by Ord. No. 493, approved 3-11-1985]
(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, storybook, 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, 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 said premises the exhibition, projection or showing of any motion-picture film, show, presentation or performance of any 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 from 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)
No person within the Borough of Eddystone 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 the same, any material depicting the acts specified in the definition of "patently offensive" in § 207-2, male or female buttocks or genitals or the female breast below a point immediately above the top of the areola.
(2)
In addition to any other violations or penalties prescribed herein, any person in the Borough of Eddystone 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 the definition of "patently offensive" in § 207-2 shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a fine not exceeding $300 or undergo imprisonment for a period not exceeding 90 days, or both, in addition to any other penalties imposed.
(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 section without further proof of age.
C.
Massage parlors and model studios.
(1)
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.
(2)
MASSAGE
MASSAGE PARLOR
MODEL STUDIO
(a)
(b)
(c)
[1]
[2]
[3]
As used in this subsection, the following terms shall have the meanings indicated:
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 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.
Any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other 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.
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 Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma.
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection (c)[1] of this definition.
Any studio operated by a tax-exempt, nonprofit corporation devoted to the development of art and its appreciation.
Upon observing or receiving notice of a potential violation of this chapter, the Code Enforcement Department or other party designated by the Borough Council shall conduct an investigation to determine whether legal action shall be taken. If the Department or other party designated by the Borough Council determines that there is reason to believe that a violation of this chapter has or is continuing to occur, the Department or other party designated by Borough Council 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 or rental. A Code Enforcement Officer or other party designated by the Borough Council shall purchase or rent the allegedly obscene articles, prepare a citation for each article purchase and present the article and the citation to a District Justice requesting the Justice to issue the appropriate process.
B.
Obscene films. If an allegedly obscene film is not available for purchase or rental, a Code Enforcement Officer or other party designated by Borough Council shall prepare a search warrant for the seizure of the film. After the search warrant has been issued, the officer or other party designated by the Borough Council 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. 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 is reviewed by the District Justice and after it has been copied, pursuant to the Justice's authorization.
C.
Obscene live performances. An officer or other party designated by Borough Council 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 1-9-1989 by Ord. No. 524, approved 1-9-1989]
In addition to any other penalties specifically provided, any person who shall be convicted of a violation of any of the provisions of this chapter before any District Justice shall be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default thereof, to imprisonment in the county jail for a term not to exceed 90 days, or both.
