As used in this chapter, the following terms shall have the meanings
indicated:
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
Having knowledge of the contents and character of the patently offensive
sexual conduct or other content which appears in the motion-picture film,
publication or live theater production or knowledge of the acts of obscenity,
assignation or prostitution which occur in any place.
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, at which massage services are offered.
MATTER
A motion-picture film, live theater production, publication or all
three.
MODEL STUDIO
A.
Any place where 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 place; or
B.
Any place 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.
C.
Exception. The words "model studio" do not include:
(1)
Any studio which is operated by any state college or junior college,
public or private school or any governmental agency, wherein the person, firm,
association, partnership or corporation so operating has met the requirements
established by 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; or
(2)
Any place 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.
MOTION-PICTURE FILM
Includes any:
C.
Film designed to be projected on a screen for exhibition;
D.
Films, glass slides or transparencies, either in negative or positive
form, designed for exhibition by projection on a screen; or
E.
Video tape or any other medium used to electronically reproduce images
on a screen.
NUDE
Includes:
A.
Completely without clothing; or
B.
With the human male or female genitals, pubic area or buttocks with
less than a full opaque covering, or the showing of the female breast with
less than a fully opaque covering of any portion thereof below the top of
the nipple, or the covered male genitals in a discernibly turgid state.
OBSCENE MATTER
Any matter which:
A.
The average adult person, applying contemporary community standards,
would find, when considered as a whole, appeals to the prurient interest;
B.
Depicts or describes patently offensive representations or descriptions
of:
(1)
Ultimate sexual acts, normal or perverted, actual or simulated; or
(2)
Masturbation, excretory functions or exhibition of the genitals or genital
area; and
C.
When taken as a whole, lacks serious literary, artistic, political,
educational or scientific value.
PERSON
Any individual, partnership, firm, association, corporation or other
legal entity.
PLACE
Includes but is not limited to any building, structure or space or
any separate part or portion thereof, whether permanent or not, or the ground
itself.
PUBLICATION
Includes any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording or a motion-picture film which is displayed
in an area open to the public, offered for sale or exhibited in a coin-operated
machine.
SALE
A passing of title or right of possession from a seller to a buyer
for valuable consideration, and shall include but is not limited to any lease
or rental arrangement or other transaction wherein or whereby any valuable
consideration is received for the use of or transfer of possession of obscene
matter.
[Added 5-15-1985 by Ord. No. 759]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be punishable by a fine of not more than $300 and costs
of such proceedings or, upon default of payment of such fine and costs, by
imprisonment in the county jail for a term of not more than 30 days.