[HISTORY: Adopted by the Borough Council of the Borough of Harveys
Lake 9-20-1983 by Ord. No. 4-83. Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch.
29.
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,
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 Harveys Lake and of the residents,
citizens, inhabitants and businesses thereof. Accordingly, the 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.
Any person who, with knowledge of the character and content, either
sells, gives away, lends, distributes, exhibits, shows, transmutes or offers
either to sell, give away, lend, distribute, exhibit, show or transmute or
has in his possession or under his control with intent either to sell, give
away, lend, distribute, exhibit, show or transmute 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 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.
Any person who designs, copies, draws, photographs, prints, utters,
publishes or in any manner manufactures or prepares 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 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.
Any person who, with knowledge of the character and content, produces,
presents or directs any obscene performance or participates in the portion
thereof which is obscene 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.
Any person who knowingly participates in, supports or in any way aids
or assists any person in selling, lending, distributing, giving away 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 any obscene nature or
any device, article or instrument of an obscene nature 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.
Any person, being the owner of any premises or having control thereof,
who knowingly permits within or upon said premises the exhibition, projection
or showing of any motion-picture film, show, presentation or performance of
an obscene nature or permits anyone to sell, lend, 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 or any device, article
or instrument of an obscene nature shall be guilty of a summary offense and,
upon conviction thereof, shall be sentenced to pay a fine not exceeding $300
or to undergo imprisonment for a period not exceeding 90 days, or both.
Whoever knowingly writes, prints, publishes or utters, or causes 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 who 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 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.
No person within the Borough of Harveys Lake shall willfully or knowingly
engage in the business of selling, lending, giving away, showing, advertising
for sale or distributing to any person under the age of 17 years, or have
in his possession with the intent to engage in said business or to otherwise
offer for sale or commercial distribution to any individual under the age
of 17 years, any obscene motion-picture film or any still picture or photograph
or any book, pocket book, pamphlet or magazine, the cover or content of which
exploits, is devoted to or is principally made up of descriptions or depictions
of illicit sex or sexual immorality or which is obscene or which consists
of pictures of nude or partially denuded figures posed or presented in a manner
to provoke or arouse lust or passion or to exploit sex, lust or perversion
for commercial gain, or any device, article or instrument of an obscene nature.
No person within the Borough of Harveys Lake shall display at newsstands
or any other business establishment frequented by minors under the age of
17 years or where said minors are or may be invited as a part of the general
public any obscene motion-picture film or any still picture or photograph
or any book, pocket book, pamphlet or magazine, the cover or content of which
exploits, is devoted to or is principally made up of descriptions or depictions
of illicit sex or sexual immorality or which is obscene or which consists
of pictures of nude or partially denuded figures posed or presented in a manner
to provoke or arouse lust or passion or to exploit sex, lust or perversion
for commercial gain, or any device, article or instrument of an obscene nature.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
ILLICIT SEX or SEXUAL IMMORALITY
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region, buttocks
or female breast.
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.
NUDE OR PARTIALLY DENUDED FIGURES
A.
Less than completely and opaquely covered human genitals, pubic regions,
buttocks and female breasts below a point immediately above the top of the
areola.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
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.
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 depicted or described in a patently offensive way:
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 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 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 state of sexual stimulation or arousal
or covered male genitals in a discernibly turgid state.
G.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any other
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.
A. 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 such person violating
this section 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.
B. As used in this section, the following terms shall have
the meanings indicated:
MASSAGE
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.
MASSAGE PARLOR
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, and at which massage services are offered.
MODEL STUDIO
(1)
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.
(2)
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.
(3)
Exception. The words "model studio" do not include:
(a)
Any studio which is operated by any college or junior college, public
school or any government 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.
(b)
Any premises where there is conducted the business of furnishing, providing
or procuring figure models solely for any studio described in Subsection B(3)(a)
of this section.
(c)
Any studio operated by a tax exempt, nonprofit corporation devoted to
the development of art and its appreciation.
The provisions of this chapter shall be severable. If any court shall
determine that any word, clause, phrase, sentence, paragraph or subsection
of this chapter is unconstitutional as worded, the court shall first attempt
to construe or interpret such unconstitutional provision so as to enable the
same to be constitutional as so narrowed or construed. If the court cannot
so limit or construe such word or provision narrowly so as to render the same
constitutional, it shall strike or modify only the minimum number of words,
phrases, clauses, sentences or paragraphs as will be absolutely necessary
to render the remainder constitutional. In no case shall a subordinate clause
or phrase or word render its attached major section or provision unconstitutional,
but instead shall be severed therefrom entirely, unless such severance renders
the remainder wholly meaningless or unconstitutional.