[HISTORY: Adopted by the Board of Supervisors of Carroll
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-6-1984 by Ord. No. 49-1984]
As used in this article, the following terms, words and phrases
shall have the meanings ascribed to them by this section:
An establishment of any size or description having any portion
of its stock in trade, including but not limited to books, newspapers,
movie films, devices, pamphlets, magazines, slides, photographs, drawings,
visual representations or writings distinguished or characterized
by emphasis on matter depicting, describing or related to specific
anatomical areas or to specified sexual activities, or a business
establishment having a segment or portion of its premises devoted
to the display or sale of pornographic materials.
For the purpose of determining and applying "contemporary
community standards" as used herein, the term "community" shall mean
the Township of Carroll.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating, caressing, or stimulating
of the external soft parts of the body with the hands or with the
aid of any mechanical or electrical apparatus or appliance with or
without such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments, or other 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, but shall exclude licensed hospitals,
licensed nursing homes, medical, clinical and the other offices and
quarters of licensed health professional practitioners.
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 top 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 areola only are covered.
Advertising or propagandizing in connection with the sale
of material, the offering of a service, or the presentation or exhibition
of a performance by appealing to the prurient interest of potential
customers.
Any individual, or any firm, partnership, corporation, or
other association of individuals or group acting as a unit.
That which, to the average person applying contemporary community
standards when considered as a whole, has as its dominant theme or
purpose an appeal to prurient interest. Any movie film, movie tape,
videocassette, magazine, picture, drawing, photograph, image, figure,
writing, sound recording, article, instrument or other publication
and any mechanical or electronic gadget, implement or device to sexually
stimulate shall be obscene within the meaning of this article if it
is established that:
The dominant theme of the material, taken as a whole, appeals
the prurient interest;
The material is patently offensive because it affronts contemporary
community standards relating to the description or representation
of sexual matters;
Taken as a whole, does not have serious literary, artistic,
political or scientific value.
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 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 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.
Includes the genitals, pubic area, penis, scrotum, vulva,
perineum, anus, buttocks or vaginal cavity.
The facial expressions, movements, utterance or other 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.
Human male genital organ in a discernibly turgid state of sexual
stimulation or arousal;
Acts of human sexual intercourse, human masturbation, human
sodomy, deviate sexual intercourse between human beings, human sexual
intercourse with an animal;
Fondling, indecent contact or other erotic touching of specified
anatomical areas.
A.
It shall be unlawful for any person as defined herein to use or occupy
any building, structure or premises as an adult book store or massage
parlor.
B.
It shall be unlawful to operate any business which has pornographic
materials as defined herein as a substantial or a significant portion
of its stock in trade in any district.
C.
In no instance shall the operation of a massage parlor in which any
of the following activities are carried on be permitted in the Township:
(1)
The treatment of any person of the opposite or same 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.
D.
Promoting pornography.
(1)
It shall be unlawful for any person to promote pornography. A person
commits the offense of promoting pornography if, knowing its content
and character, he:
(a)
Disseminates or causes to be disseminated any pornographic material
in or from a public place or vehicle, or for valuable consideration;
or has in his possession any pornographic 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 pornographic material;
(b)
Sells an admission ticket or pass to premises where there is
being exhibited or is about to be exhibited material or a performance
which is pornographic;
(c)
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 is pornographic;
(d)
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 pornographic performance before
an audience;
(e)
Participates in that portion of a live performance before an
audience which makes it pornographic; or
(f)
Panders, displays publicly, or disseminates door to door any
pornographic material or performance, or causes such pandering, public
display or door to door dissemination.
(2)
For the purpose of this section, possession of two or more identical
copies of any pornographic material by any person engaged in the business
of disseminating material, as defined above, shall be prima facie
evidence of possession with intent to disseminate for valuable consideration.
A.
Any person violating this article shall be guilty of and liable for
a summary offense, and upon conviction before a Magisterial District
Judge, shall be sentenced and ordered to pay a fine not exceeding
$300 and the cost of the action or be imprisoned in the county jail
for a term not exceeding 30 days or both.
B.
Each day that the provisions of this article are violated by any
person as defined herein shall be a separate and distinct violation
of this article.
In addition to any other remedies provided in this article,
any violation of this article shall constitute a public nuisance,
and the supervisors of Carroll Township are authorized to seek legal
or equitable relief from any court of competent jurisdiction in order
to abate the nuisance.
The Carroll Township Police Department shall enforce the provisions
of this article.
