[Ord. 479, 7/14/1980, § 1]
It shall be unlawful to establish or maintain any adult bookstore
within 500 feet of any area zoned for residential use in the Borough
of Wellsboro, and within 500 feet of any church, school, library or
any public building or institution in or around which children might
congregate or be attracted to.
[Ord. 479, 7/14/1980, § 2]
An establishment having a substantial or significant portion
of its stock-in-trade including, but not limited to, books, magazines,
periodicals, visual representations or writings, distinguished or
characterized by emphasis on matter depicting, describing or related
to specified anatomical areas or to specified sexual activities, or
an establishment with a segment or section devoted to the sale or
display of such material.
Human genitals, pubic region; buttocks; female breasts below
a point immediately above the top of the areola.
Human male genitals in a discernibly turgid state of sexual
stimulation or arousal; fondling or other erotic touching of human
genitals, pubic region, buttocks or female breasts.
[Ord. 479, 7/14/1980, § 3]
1.
Well aware of deleterious effects, as well as economic blight to
which adult bookstores give rise and finding a compelling public interest
in the preservation of residential neighborhoods, the Wellsboro Borough
Council, nevertheless, delegates to its Zoning Hearing Board authority
to approve an application to locate an adult bookstore within 500
feet of any area zoned for residential use if the applicant presents
satisfactory evidence from which said Board finds as a fact that:
A.
The public health, safety and general welfare will not be adversely
affected.
B.
Property located within the distance sought to be permitted will
not be injuriously affected as to continuing long-term residential
occupancy, as to value or otherwise.
C.
Deterioration of the surrounding neighborhood will not be contributed
to, encouraged or enlarged.
D.
That such location will be in harmony both with constitutional requirements,
if any, the applicability of which applicant has demonstrated and
with the spirit and purpose of this Part.
[Ord. 479, 7/14/1980, § 4]
It shall be unlawful to establish or maintain a house of prostitution,
or an erotic massage parlor or model's studio for purposes of
indecent contact within the Borough of Wellsboro.
Intended to include establishments designed to stimulate
erotic and sensual physical sensations and does not include therapeutic
massages, physical therapy or medical treatments.
Any touching of the sexual or other intimate parts of a person
for the purpose of arousing or gratifying sexual desire in either
person.
Voluntary submission of one's body for indiscriminate
sexual use for money or its equivalent.
[Ord. 479, 7/14/1980, § 5]
1.
Sale or Exhibition to Minors Under 17. No person shall knowingly
offer to sell, lend, distribute, exhibit, give away or show to any
person under the age of 17 years:
A.
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 sadomasochistic
abuse and which is harmful to persons under the age of 17 years.
B.
Any book, pamphlet, magazine, printed matter however reproduced,
or such recording which contains any matter enumerated in Subsection
1A, hereof, or explicit and detailed verbal descriptions or narrative
accounts of sexual excitement, sexual conduct or sadomasochistic abuse
and which, taken as a whole, is harmful to persons under the age of
17 years.
2.
Offers and Admission Tickets; Exceptions. No person shall knowingly
offer to exhibit to a person under the age of 17 years or knowingly
offer to sell to a person under the age of 17 years an admission ticket
or pass or knowingly admit a person under the age of 17 years to premises
whereon there is exhibited a motion picture show or other presentation
which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic
abuse and which is harmful to persons under the age of 17 years, except
that the foregoing shall not apply to any person under the age of
17 years accompanied by his parent.
3.
HARMFUL TO PERSONS UNDER THE AGE OF 17 YEARS
KNOWINGLY
NUDITY
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
SEXUAL EXCITEMENT
Definitions as Used in This section.
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse, when it:
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(1)
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Predominantly appeals to the prurient, shameful or morbid interest
of persons under the age 17 years.
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(2)
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Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for persons under
the age of 17 years.
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(3)
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Is utterly without redeeming social importance for persons under
the age of 17 years.
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Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
or both:
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(1)
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The character and content of any material described herein which
is reasonably susceptible of examination by the defendant.
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(2)
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The age of the person under the age of 17 years; provided, however,
that an honest mistake shall constitute an excuse from liability hereunder
if the defendant made a reasonable bona fide attempt to ascertain
the true age of such person under the age of 17 years.
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The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or of being fettered, bound or otherwise
physically restrained on the part of one so clothed.
Acts of masturbation, homosexuality, sexual intercourse or
physical contact with a person's clothed or unclothed genitals,
pubic area, buttocks or, if such person be a female, breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
[Ord. 479, 7/14/1980, § 7; as amended by A.O.]
As to §§ 13-201, 13-202, 13-203 and 13-204, hereof, when written notice has been served by the Mayor or Manager acting through a Borough policeman of a violation of this Part upon the person in charge of an adult bookstore or massage parlor or model studio, and/or upon the owner, lessee or occupant of the premises or agent thereof, such violation shall be discontinued immediately. Any owner, lessee or occupant of such adult bookstore, massage parlor or models studio in which such violation exists and any person who knowingly commits, participates in or permit any person who knowing commits, participates in or permits any such violation shall, upon conviction thereof, be sentenced to pay a fine not to exceed $1,000 plus costs and, in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
