[HISTORY: Adopted by the Board of Supervisors of the Township of
Independence 6-10-1987 by Ord. No. 1-87.
Amendments noted where applicable.]
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:
For the purpose of applying the "contemporary community standards"
in this section, community means the Township of Independence, Beaver County,
Pennsylvania.
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.
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.
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.
Any person under the age of 17 years.
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.
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:
The average person applying contemporary community standards would find
that the subject matter taken as a whole appeals to the prurient interest;
The subject matter depicts or describes in a patently offensive way,
sexual conduct of a type described in this section; and
The subject matter, taken as a whole, lacks serious literary, artistic,
political, educational or scientific value.
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.
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.
The condition of human male or female genitals when in a state of
sexual stimulation or arousal.
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.
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.
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:
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.
