[Ord. 1976-40, 11/10/1976, § 1]
The Board of Supervisors of Kingston Township finds that the
crass commercial 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
Township, 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 Township of Kingston,
and of the residents, citizens, inhabitants and businesses thereof.
Accordingly, the Township of Kingston 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.
[Ord. 1976-40, 11/10/1976, § 2]
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, story book, 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.
[Ord. 1976-40, 11/10/1976, § 3]
Any person who designs, copies, draws, photographs, prints,
utters, publishes or in any matter manufactures or prepares any obscene
motion picture film, or any obscene book, picture, film, drawing,
magazine, pamphlet, newspaper, story book, paper, comic book, writing,
figure, image, matter, device, article or instrument of an obscene
nature, shall be guilty of a summary offense.
[Ord. 1976-40, 11/10/1976, § 4]
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.
[Ord. 1976-40, 11/10/1976, § 5]
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, story book, 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.
[Ord. 1976-40, 11/10/1976, § 6]
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 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, story book, 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.
[Ord. 1976-40, 11/10/1976, § 7]
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 whom 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.
[Ord. 1976-40, 11/10/1976, § 8]
No person within the Township of Kingston, shall wilfully 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 intent to engage
in the 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.
[Ord. 1976-40, 11/10/1976, § 9]
No person within the Township of Kingston 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 of 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.
[Ord. 1976-40, 11/10/1976, § 10]
The standards of the community from which the jury is drawn
or would be drawn if it were the trier of the fact.
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.
Whether the average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
Whether the subject matter depicts or describes in a patently
offensive way sexual conduct of a type hereinafter described; and
Whether the subject matter taken as a whole lacks serious literary,
artistic, political or scientific value.
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:
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.
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.
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.
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.
A device designed and marketed as useful primarily for stimulation
of the human genital organs.
Male or female genitals in a state of sexual stimulation or
arousal, or covered male genitals in a discernibly turgid state.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation, or
any other excretory function.
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 partnership shall mean the
partners or members thereof, and as applied to corporations, shall
mean the officers thereof.
[Ord. 1976-40, 11/10/1976, § 11]
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.
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.
Any building or structure or portion thereof, located within
the Township of Kingston which is open to members of the general public,
with or without the payment of a fee, at which massage services are
offered.
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; or
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.
Exception — The words "model studio" do not include:
Any studio which is operated by any college or junior college,
public school, or any governmental agency where 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; or
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subsection A of this section.
Any studio operated by a tax exempt, nonprofit corporation devoted
to the development of art and its appreciation.
[Ord. 1976-40, 11/10/1976k §§ 2-7, 11; as
amended by Ord. 1985-1, 2/13/1985; as amended by Ord. 97-3, 11/12/1997]
1.Â
Enforcement Notice.
A.Â
If it appears to the Township that a violation of this Part has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in this Section.
B.Â
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
C.Â
An Enforcement notice shall state at least the following:
(1)Â
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)Â
The location of the violation and, if applicable, the property in
violation.
(3)Â
The specific violation with a description of the requirements which
have not been met, citing in each instance the applicable provision
of this Part.
(4)Â
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)Â
That the recipient of the notice has the right to appeal to the Board
of Supervisors within a period of 10 days.
(6)Â
That the failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.Â
Enforcement Remedies.
A.Â
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of determination of a violation by the district
justice. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues or each Section
of this Part which shall be found to have been violated shall constitute
a separate offense.
B.Â
Nothing contained in this Section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this Section.
C.Â
District justices shall have initial jurisdiction over proceedings
brought under this Section.
