[Ord. 310, 2/7/1983, § 1]
For the purposes of this subpart, the words and phrases set
forth below shall have the meaning respectively ascribed to them:
A drug, substance or immediate precursor as defined in Schedules
1 through 5 of the Pennsylvania Controlled Substance, Drug Device
and Cosmetic Act, 35 P.S. § 790.104, or any amendments thereto.
Any objects, devices, instruments, apparatus or contrivances
whose primary and traditionally exclusive use is in connection with
the illegal use of any and all controlled substances under the laws
of Pennsylvania.
The failure to conceal with a fully opaque covering the sexual
or genital parts of the body of any person.
Any business, the operation of which involves the sale, lease,
trade or display for sale of any and all types of drug paraphernalia.
A substance which under the regulations of the Pennsylvania
Department of Health is a principal compound commonly used or produced
primarily for use, and which is an immediate chemical intermediary
used in the manufacture of a controlled substance.
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 literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument or any other
written or printed matter which:
Depicts or describes in a patently offensive manner sexual conduct,
sexual excitement or sadomasochistic abuse or (in the case of articles
or instruments) is designed or intended for use in achieving-artificial
sexual stimulation; and,
Taken as a whole, appeals to the prurient interest; and,
Taken as a whole, does not have serious literary, artistic,
political or scientific value.
To be judged with reference to average adults in the local
community unless it appears from the nature of the material or the
circumstances of its dissemination, distribution or exhibition that
it is designed for clearly defined deviant sexual groups in which
case the predominant appeal of the matter shall be judged with reference
to its intended recipient group.
Flagellation or torture by or upon a person who is nude or
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.
Actual or simulated acts of human masturbation, sexual intercourse
or any touching of the clothed or unclothed genitals, pubic area or
buttocks of the 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.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
Includes the genitals, pubic area, buttocks, anus or perineum
of any person, or the vulva or breasts of a female.
[Ord. 310, 2/7/1983, § 2]
1.
The following activities shall be deemed to be in violation of this
subpart and any person committing such acts shall be subject to the
penalties prescribed herein:
A.
In no instance shall the operation of any business, commonly known
as a head shop, which involves in whole or in part, the sale, lease,
trade or display for sale of any and all types of drug paraphernalia
as defined herein be permitted within the Borough.
B.
In no instance shall the operation of any business which has obscene
materials as defined herein as substantial or a significant portion
of its stock-in-trade be permitted within the Borough.
C.
In no instance shall the operation of a massage parlor in which any
of the following activities are carried on be permitted within the
Borough:
(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, which order shall be dated and shall
specifically state the number of treatments. The date and hour of
each treatment given and the name of the person or persons giving
the treatment shall be entered on such order by the establishment
where such treatments are given and shall be available for inspection
by the police. 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.
(3)
The exposure of the sexual or genital parts of the body of any
person.
[Ord. 310, 2/7/1983, § 3; as amended by Ord. 384,
6/7/1999]
Any person who shall violate any provision of this subpart shall,
upon conviction thereof, be sentenced to pay a fine not less than
$300 nor more than $1,000 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this subpart continues shall constitute
a separate offense.
