[Ord. 1-00, 9/25/2000, § I]
1.Â
General. Unless specifically defined below, words and phrases used
in this Part shall be interpreted so as to give this Part its most
reasonable application.
2.Â
ADULT BOOKSTORE
ADULT ENTERTAINMENT HOUSE
AUDIENCE
DISPLAY PUBLICLY
DISSEMINATE
LEWD MATERIAL
A.Â
B.Â
C.Â
MASSAGE
MASSAGE PARLOR
MATERIAL
NUDITY
PANDER
PERFORMANCE
PERSON
PRURIENT INTEREST
PUBLIC PLACE OR VEHICLE
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
A.Â
B.Â
C.Â
D.Â
E.Â
F.Â
SEXUAL EXCITEMENT
Specific Definitions.
An establishment which has a substantial or significant portion
of its stock in trade, books, magazines, or other periodicals and
which excludes minors by virtue of age.
An establishment used for presenting live performances or
motion pictures, films, movies, slides, or similar photographic reproductions
for observation by persons therein, and which excludes minors by virtue
of age.
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
Exposing, placing, posting, exhibiting, or in any other fashion
displaying in any location, whether public or private, material or
a performance in such a manner that it may be readily seen and its
content or character distinguished by viewing it in or from a public
place or vehicle.
Manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material or to offer or agree to do
the same, or to have in one's possession with intent to do the
same.
Any material or performance in which all of the following
elements are present:
Considered as a whole, by the average person, applying the contemporary
community standards of Richmond Township, it appeals to the prurient
interest in sex.
It depicts, describes or represents in a patently offensive
way, sexual conduct, as hereinafter defined.
Taken as a whole, it lacks serious literary, artistic, political,
educational, or scientific values.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating 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 printed matter, visual representation, or sound recording,
including, but not limited to books, magazines, motion picture films,
pamphlets, newspapers, pictures, photographs, drawings, three-dimensional
forms, sculptures, and phonograph, tape or wire recordings.
Uncovered, or less than opaquely covered, post-pubertal Human
genitals or pubic area, the post pubertal human female breast below
a point immediately above the bop of the areola or the covered human
male genitals in a discernibly turgid state. For the purpose of this
definition, a female breast is considered uncovered if the nipple
only or the nipple and the areola only are covered.
Advertising or propagandizing in connection with the sale
of material, the offering of a service, or the presentation or exhibitions
of a performance by appealing to the prurient interest of potential
customers.
Any live or reproduced exhibition including, but not limited
to, any play, motion picture film, dance or appearance presented to
or performed before an audience.
Any individual, partnership, firm, association, corporation
or other legal entity.
Desire or craving for sexual stimulation or gratification.
In determining prurient interest, the material or performance shall
be judged with reference to average persons, unless it appears from
the character of the material or performance that it is designed to
appeal to the prurient interest of a particular group of persons including,
but not limited to, homosexuals or sadomasochists. In that case, it
shall be judged with reference to the particular group for which it
was designated.
Any street, alley, park, boulevard, school or other public
property of any dance hall, rental hall, theater, amusement park,
liquor establishment, store, depot, place of public accommodation,
or other private property in Richmond Township generally frequented
by the public for the purposes of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public
transportation, owned or operated by the government, either directly
or through a public corporation or authority, or owned or operated
by any nongovernmental agency for the use, enjoyment or transportation
of the general public.
Flagellation or torture by or upon a person who is nude or
clad in undergarments or in a sexually revealing or bizarre costume,
or the condition of such person being fettered, bound or otherwise
physically restrained, in an apparent act of sexual stimulation or
gratification.
Masturbation.
Sexual intercourse, whether genital-genital, oral-genital, oral-anal,
or anal-genital.
Any erotic fondling or touching of the covered or uncovered
genital, buttocks, pubic area or any part of the breasts of the female,
whether the conduct described in subparagraphs (1) through (3) is
engaged in alone or between members of the same or opposite sex, or
between humans and animals or humans and inanimate objects.
Actual or simulated display or exhibition of the human pubic
area or genitals or any part thereof.
Sexual excitement, as hereinafter defined.
Sadomasochistic abuse as herein defined.
The facial expressions, movements, utterances or other physical
responses of a human male or female, whether alone or with others,
whether clothed or not, who is in an apparent state of sexual stimulation
or arousal, or experiencing the physical or sensual reactions of humans
engaging in or witnessing sexual conduct.
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As used in this Part, the masculine shall include the feminine
and neuter.
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[Ord. 1-00, 9/25/2000, § II]
1.Â
Offenses Defined. It shall be unlawful for any person to disseminate
and/or promote and/or display publicly lewd material in Richmond Township.
A person shall be guilty of the offense of disseminating and/or promoting
and/or displaying publicly lewd material, if, knowing its content
and character, he:
A.Â
Disseminates or causes to be disseminated any lewd material in or
from a public place or vehicle, or for valuable consideration; or
has in his possession any lewd material with intent to so disseminate;
or knowingly allows the use of any business, building, vehicle or
place owned, leased, conducted or managed by him, for such dissemination
of lewd material.
B.Â
Sells an admission ticket or pass to premises when there is being
exhibited or is about to be exhibited lewd material or a performance
which contains lewd material.
C.Â
Admits, by accepting a ticket or pass, a person to premises where
there is being exhibited or is about to be exhibited material or a
performance which contains lewd material.
D.Â
Produces, presents, directs or knowingly allows the use of any business,
building, vehicle or place owned, leased, conducted or managed by
him to be used for a performance which contains lewd material before
an audience.
E.Â
Participates in that portion of a live performance before an audience
which makes the performance contain lewd material.
F.Â
Panders, displays publicly, or disseminates door to door, any lewd
material, or causes such pandering, public display or door to door
dissemination.
[Ord. 1-00, 9/25/2000, § III]
1.Â
Offenses Defined.
A.Â
Massage Parlors. No person shall engage in the operation of any massage
parlor in which any of the following activities are carried on:
(1)Â
The treatment of any person of the opposite sex, except upon
the signed order of a licensed physician, osteopath, chiropractor,
or registered physical therapist, which order shall be dated and shall
specifically state the number of treatments, not to exceed 10. The
date and hour of each treatment given and the name of the operator
shall be entered on such order by the establishment where such treatments
are given and shall be given to inspection by the Richmond Township
Supervisors or their appointee. 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)Â
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)Â
The failure to conceal with a fully opaque covering, the sexual
or genital parts of the body of any person.
B.Â
Adult Book Stores. No person shall engage in the operation of any
adult book store within Richmond Township.
C.Â
Adult Entertainment Houses. No person shall engage in the operation
of any adult entertainment house within Richmond Township.
[Ord. 1-00, 9/25/2000, § IV]
Any person who shall violate this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600, and in
default of payment, to imprisonment for a term not to exceed 30 days.
Each day of a violation of this Part shall constitute a separate offense.
[Ord. 1-00, 9/25/2000, § V]
The Solicitor of Richmond Township may institute proceedings
in equity in the Court of Common Pleas of Tioga County for the purpose
of enjoining any violation or potential violation of this Part.
