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:
COMMUNITY STANDARDSThe standards of the community from which the jury is drawn or would be drawn if it were the trier of the fact.
KNOWINGLYHaving 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.
OBSCENEThat 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.
PATENTLY OFFENSIVESo 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 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.
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 or any excretory function.
PERSONA 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 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.