[Ord. 77, 5/9/1983, § 1]
The following words and phrases when used in this Part shall
have, unless the context clearly indicates otherwise, the meanings
given to them in this Section:
EXPLICIT SEXUAL MATERIALS
Any materials which are obscene materials or:
(1)
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 sado-masochistic
abuse and which is harmful to minors.
(2)
Any book pamphlet, magazine, printed mater, however reproduced, or sound recording which contains any matter enumerated in subsection
(1) of this definition, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse and which, taken as a whole, is harmful to minors.
FACILITY
Includes, not is not limited to, any building, structure,
space or ground or any separate part or portion thereto whether permanent
or not which is open to admission by the general public or to which
membership is available to the general public with the exception of
guests' rooms in hotels, inns or motels.
HOTEL, INN OR MOTEL
Any facility providing temporary overnight accommodations
which is licensed for such purpose by the State pursuant to Article
II, Act of March 4, 1971 (P.L. 6, No. 2), known as the Tax Reform
Code of 1971.
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:
(1)
The average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest.
(2)
The subject matter depicts or describes in a patently offensive
way sexual conduct of a type described in this Section.
(3)
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
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.
SEXUAL DEVICE
Any artificial human penis, vagina, or anus or other device
primarily designed, promoted or marketed to physically stimulate or
manipulate the human genitals, public area, perineum or anal area
including, but not limited to, vibrators, dildos, penisators and penis
rings except that this shall not include any such device which is
sold, distributed or displaced for a bona fide medical, psychological,
legislative, judicial or law enforcement purpose by a physician, psychologist,
pharmacist, legislator, judge, prosecutor or law enforcement officer.
[Ord. 77, 5/9/1983, § 3]
Upon and after receiving notice through service of a true and
correct copy of this Part and a true and correct copy of the complaint
in equity to abate a public nuisance as defined herein, any and every
person duly served pursuant to the rules of civil procedure who shall
own, legally, or equitably, lease, maintain, manage, conduct or operate
a facility which is declared to be a public nuisance as set forth
in this Section is deemed to be a person who has knowledge of such
nuisance for the purpose of this Section and may, thereafter, be responsible
for its maintenance and liable therefore.
[Ord. 77, 5/9/1983, § 5]
Nothing in this Part shall apply to any recognized historical
society or museum accorded charitable status by the Federal Government,
any country, city, borough, township, or town library, any public
library, any library of any school, college or university, or any
archive or library under the supervision and control of the Commonwealth
or a political subdivision.