Township of Independence, PA
Beaver County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Independence 6-10-1987 by Ord. No. 1-87. Amendments noted where applicable.]
GENERAL REFERENCES
Adult-oriented businesses — See Ch. 50.
Disorderly conduct — See Ch. 85.
Public nudity — See Ch. 131.
A. 
No person, knowing the obscene character of the materials hereinafter defined, shall, where minors, are or will probably be exposed to view all or any part of any explicit sexual materials as hereinafter further defined, display or cause or permit the display of any materials or "explicit sexual materials" as hereinafter defined, in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion-picture screen, marquee or similar place in such manner that the display is visible from any public street, highway, sidewalk, transportation facility or other public thoroughfare; or
B. 
No person shall knowingly disseminate by sale, loan or otherwise, "explicit sexual materials," as hereinafter defined, to a minor.
C. 
"Explicit sexual materials" as used in this section means:
(1) 
Materials which are obscene or;
(2) 
Any picture, photograph, drawing, sculpture, motion-picture film or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or
(3) 
Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in Subsection C(2), or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
No person shall sell, lend, distribute, exhibit, give away or show any obscene materials to any person 17 years of age or older or offer to sell, lend, distribute, exhibit or give away or show, or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene materials to any person 17 years of age or older, or knowingly advertise any obscene materials in any manner; provided, however, that nothing contained in this section shall be construed to regulate within the dwelling of any resident the exhibition, possessing, showing or viewing of any materials so long as said exhibition, possessing, showing or viewing is private in nature and not associated in any fashion or way with any commercial or for profit purpose or not for profit purpose.
No person shall design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials; provided, however, that nothing herein contained in this subsection shall be construed to regulate these proscribed activities within the dwelling of any resident so long as said activities are private in nature and not associated in any fashion or way with any commercial or for profit purpose or not for profit purpose.
No person shall write, print, publish, utter or cause to be written, printed, published or uttered any advertisement or notice of any kind giving information, directly or indirectly, stating or purporting to state where, how, from whom, or by what means any obscene materials can be purchased, obtained or had.
No person shall hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this chapter.
No person shall exhibit for monetary consideration to any other person, or sell an admission ticket or pass to any other person or admit any other person to premises whereon there is exhibited, a motion-picture show, live performance or any other presentation which, in whole or in part, depicts nudity, sexual excitement, sexual conduct, or sadomasochistic abuse.
As used in this chapter, the following words and phrases shall have the following meanings:
COMMUNITY
For the purpose of applying the "contemporary community standards" in this section, community means the Township of Independence, Beaver County, Pennsylvania.
KNOWING
As used in § 139-1, knowing means having general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry of, the character and content of any material described therein which is reasonably susceptible of examination by the defendant.
MASSAGE
Any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulation of the external parts of the human body with the hands or with the aid of any mechanical electrical apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other such similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor.
MASSAGE PARLOR
Any establishment having a source of income or compensation derived from the practice of massage and which has a fixed place of business where any person, firm, association or corporation engages in or carries on the practice of massage.
MINOR
Any person under the age of 17 years.
NUDITY
The showing of the human male or female genitals, pubic area, or buttocks with less than a fully 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 depiction of covered male genitals in a discernibly turgid state.
OBSCENE MATERIALS
Any literature, including any book, magazine, pamphlet, newspaper, storypaper, comic book or writing, and any figure, visual representation, or image including any drawing, photograph, picture or motion picture, if:
A. 
The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
B. 
The subject matter depicts or describes in a patently offensive way, sexual conduct of a type described in this section; and
C. 
The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the genitals. As used in § 139-6, sexual conduct also means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a state of sexual stimulation or arousal.
TRANSPORTATION FACILITY
Any conveyance, premises or place used or in connection with public passenger transportation, whether by motor vehicle or any other method, including buses, and railroad and bus terminals and stations.
The following business shall be prohibited throughout the Township of Independence:
A. 
The operation of a business which has obscene materials or explicit sexual materials as defined above as a substantial or significant portion of its stock in trade or which exhibits motion-picture shows, live performances or any other presentations which, in whole or in part, depict nudity, sexual excitement, sexual conduct, or sadomasochistic abuse.
B. 
The operation of any massage parlor in which any of the following activities are carried on:
(1) 
The treatment of any person of the opposite sex, except upon the signed order of a licensed physician, osteopath, chiropractor, or registered physical therapist. The requirements of this provision shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath, or registered physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium.
(2) 
The massage of, or physical contact with, the sexual or genital parts of one person by any other person. Sexual or genital parts shall include the genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
(3) 
The failure to conceal with a fully opaque covering, the sexual or genital parts of the body of any person, whether client or masseur/masseuse.
C. 
Any adult business, activity, or use similar to or of the same general, nature as certain of the uses listed above. This section shall include, but shall not be limited to, rap centers, nude wrestling studios, sensitivity centers, and escort bureaus.
Any person, firm, corporation, partnership or entity who violates or permits any violations of §§ 139-1, 139-2, 139-3, 139-4, 139-5, 139-6, or 139-8 of this chapter shall be subject to the appropriate penalties set forth in Chapter 1, General Provisions, Article II.
A. 
Any and every place in the Municipality where obscene motion-picture films or live theater productions are publicly exhibited or possessed for the purpose of such exhibition; and any and every place in the Municipality where obscene publications are publicly disseminated or sold, or possessed for the purpose of such dissemination, is a public nuisance.
B. 
Any and every obscene motion-picture film or live theater production which is publicly exhibited, and any and every obscene publication which is publicly displayed, disseminated or sold, or possessed for such purpose, is a public nuisance per se.
C. 
From and after service on the place, or its manager, or acting manager, or person then in charge of such place, of a true and correct copy of this chapter and a true and correct copy of the summons and complaint to abate a nuisance, all moneys paid thereafter as admission price to such exhibitions or productions, or purchase price of such publications, are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
A. 
Every massage parlor or model studio in or upon which acts of obscenity, assignation, or prostitution, are held or occur, is a public nuisance which shall be enjoined, abated and prevented.
B. 
From and after service on the place, or its manager, or acting manager, or person then in charge of such place of a true and correct copy of this chapter and a true and correct copy of the summons and complaint to abate a nuisance, all moneys or other valuable consideration paid for services rendered to customers are also declared to be a public nuisance, as personal customers are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
A. 
Upon and after receiving notice through services of a true and correct copy of this chapter and a true an correct copy of the summons and complaint to abate a nuisance or notice by the Municipal Solicitor of the character of the obscene film, production, publication, or place, any and every person who shall own, legally, or equitably, lease, maintain, manage, conduct or operate a place in the Municipality which is declared to be a public nuisance as set forth and stated in § 139-10 or § 139-11, of this chapter is deemed to be a person who has knowledge of such nuisance for the purpose of this chapter, and may, thereafter, be responsible for its maintenance, and liable therefor.
B. 
The place and matters declared to be public nuisances under § 139-10 or § 139-11 shall be abated as provided for herein.
The Solicitor for the Township of Independence, upon motion of the majority of the Supervisors at either special or regular meeting, may institute proceedings in equity in the Court of Common Pleas of Beaver County, when any person violates or clearly is about to violate this chapter for the purpose of enjoining such violation. The Court shall issue an injunction only after written notice and hearing, and only against the defendant to the action. The Court, shall, when practicable, hold a hearing within three days after demand by the Solicitor for the Township of Independence. A written memorandum in supporting the decree shall be filed thereafter as is convenient.
If the existence of a nuisance is established after trial, the Township shall be entitled to in addition to a judgment enjoining the continuation of said nuisance, a money judgment for its actual costs expended which shall include, but not be limited to the following:
A. 
Investigative costs;
B. 
Expert witness fees;
C. 
Court costs;
D. 
Reasonable attorneys fees arising out of the preparation for an trial of the case and appeals therefrom and any other costs allowed on appeal;
E. 
Printing costs of the record of proceedings and appellate briefs.
In addition to any other remedies for the collection of money judgments, whether or not said traditional modes of collection are pursued, judgment for costs may be made a special assessment against the place or the parcel of land upon which such place where the nuisance occurred is located. Upon a determination of the civil action, such shall, by separate legal proceedings, be made a lien against such property and a personal obligation against any person, and shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable, to the levy, collection and enforcement of municipal taxes, shall be applicable to such special assessment.