Township of Peters, PA Chapter 285 Obscenity

[HISTORY: Adopted by the Township Council of Peters Township 9-13-1982 by Ord. No. 261 (Ch. 6, Part 4, of the 1981 Code of Ordinances). Amendments noted where applicable.]

GENERAL REFERENCES

Sexually oriented businesses — See Ch. 342.

Zoning — See Ch. 440.

§ 285-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AVAILABLE TO THE PUBLIC

The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.

DISPLAYS PUBLICLY

Exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen, and its content or character distinguished by normal vision viewing it from a street, highway or public sidewalk, or from the property of others.

DISSEMINATE

To transfer possession of, with or without consideration.

EXPLICIT SEXUAL MATERIAL

Any pictorial or three-dimensional material depicting human masturbation; deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depicting of post-pubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.

KNOWINGLY

Being aware of the character and the content of the material.

MASSAGE

Any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being either with the hand or by means of electrical instruments or apparatus or other special apparatus, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under the physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed.

MASSAGE ESTABLISHMENT

Any building, room, place or establishment where, for any form of consideration or gratuity, manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse and practical nurse operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and operate only under such physician's direction, whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. The term shall not include a regularly licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barbershops.

MATERIAL

Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical or electrical reproduction or any other articles, equipment or machines.

MINOR

Any person under the age of 18.

NUDITY

The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depicting of covered male genitals in a discernibly turgid state.

OBSCENE

That to the average person applying contemporary community standards:

A. The predominant appeal of the matter taken as a whole is to prurient interest; i.e., a shameful or morbid interest in sexual conduct, nudity, or excretion; and

B. The matter depicts or describes sexual conduct in a patently offensive matter; and

C. The work, taken as a whole, lacks serious literary, artistic, political or scientific value.

PERFORMANCE

Any preview, play, show, skit, film, dance or other exhibition performance before an audience.

PERSON

Any individual, partnership, firm, association, corporation or other legal entity.

PORNOGRAPHIC FOR MINORS

Any material or device or performance is "pornographic for minors" if it is primarily devoted to description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and:

A. Its predominant appeal is to prurient interest in sex; and

B. It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable materials for minors; and

C. It lacks serious literary, artistic, political or scientific value for minors.

PROMOTE

To cause, permit, procure, counsel or assist.

SERVICE TO PATRONS

The provision of services to paying guests in an establishment providing food and beverages; including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing, and entertaining.

SEXUAL DEVICE

Any instrument or appliance primarily designed, promoted or marketed for the purpose of artificially causing, simulating, stimulating, or enhancing sexual conduct, except that any such device which is sold, distributed or displayed for bona fide medical purposes shall not be included within this definition.

§ 285-2 Prohibited conduct.

It shall be unlawful for any person for pecuniary gain or other consideration to:

A. Knowingly disseminate, distribute or make available to the public any obscene material or objects or sexual devices; or

B. Knowingly engage or participate in any obscene performance made available to the public; or

C. Knowingly engage in commerce with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal; or

D. Knowingly provide service to patrons in such a manner as to expose to public view:

(1) His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;

(2) Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or

(3) Any portion of the female breast at or below the areola thereof; or

E. Knowingly lease, own or make available for such purposes a massage establishment, or engage in or offer to engage in for pecuniary gain or consideration the practice of massage as such conduct is defined herein;

F. Knowingly publicly display explicit sexual material or to fail to take prompt action to remove the display or explicit sexual material from property in his possession after learning of its existence;

G. Knowingly promote the commission of any of the above-listed acts;

H. Knowingly to furnish pornographic materials to minors.

§ 285-3 Notice of obscene material.

A. Actual notice of the obscene or pornographic nature of such material, performance, or activity may be given to a person involved in or responsible for such from the Township Manager, Zoning Officer, or other duly authorized Township official.

(1) Such notice shall be in writing and delivered by mail or in person to the alleged offender;

(2) Such a notice shall state that:

(a) In the opinion of the Township Manager, Zoning Officer or other authorized Township official the activity engaged in falls within the prohibitions of § 285-2;

(b) That if such activity has not ceased within 24 hours the Township will take appropriate legal action.

B. A person who promotes any activity prohibited in § 285-2 in the course of his business is presumed to do so with knowledge of its content and character.

§ 285-4 Enforcement; remedies.

A. The Township may maintain an action of an equitable nature to enjoin any person from owning, leasing, maintaining, managing, conducting or operating a facility which is used for prohibited conduct as specified herein.

B. From and after service of the complaint in equity as provided for in the Rules of Civil Procedure, all money or other valuable consideration thereafter paid as an admission price or for services rendered or as rent to an owner due to the continuation of said prohibited conduct shall be turned over to the Township upon the issuance of an order by the Court of Common Pleas of Washington County enjoining such activities.

C. Preliminary and permanent injunctions may be issued to prevent the further maintenance of such conduct. The procedures for obtaining such injunctions shall be governed by the Pennsylvania Rules of Civil Procedure. Upon the trial on the merits of the permanent injunction, if the court finds a facility to be in violation of this chapter, the court may issue an order closing the facility to all uses and purposes for a period of one year. If the offenders or persons owning, in control of or in charge of such facility certify that the illegal activity has been abated and that the facility will no longer be used for such illegal conduct, and post a bond in an amount not to exceed the value of the personal property possessed or contained at such place for the maintenance of the illegal activity, the court may release such person or persons from the closure order. The bond shall be deposited with the court prior to the release of any closure order and shall be returned to the person posting said bond, without interest at the expiration of one year, provided that the illegal activity is not maintained or reestablished within that year.

§ 285-5 Forfeiture of receipts to Township fund.

A. Upon judgment for the Township in legal proceedings brought pursuant to this chapter, an accounting shall be made by such defendant or defendants of all money or valuable consideration received by them after the receipt of the requisite notice set forth herein. The court may issue an order directing that such money or its equivalent and any valuable consideration received shall be turned over to Peters Township for deposit in its general fund.

B. The Township reserves the right to pursue any and all other remedies available to it and all such remedies shall be cumulative.

§ 285-6 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. 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 a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 285-7 Revocation of occupancy permit.

After conviction, in addition to any other penalty imposed for violation of this chapter, Peters Township may revoke the occupancy permit of the establishment until such time as it is satisfied that no further illegal conduct as provided in this chapter shall be conducted thereon.