Borough of Folcroft, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Folcroft 3-10-1986 by Ord. No. 792 (Ch. 6, Part 1, of the 2006 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 600.
The Council of the Borough of Folcroft finds that the crass commercial exploitation of explicit sexual conduct through the public exhibition of obscene films and the sale of obscene publications and devices, and the use of so-called "massage parlors" and "model studios" for the purpose of lewdness, assignation or prostitution constitutes a debasement and distortion of a sensitive key relationship of human existence, central to family life, community welfare and the development of human personality, is indecent and offensive to the senses and to the public morals and interferes with the comfortable enjoyment of life and property, in that such interferes with the interest of the public in the quality of life and total community environment, the tone of commerce in the Borough of Folcroft, property values, and the public safety; and that the continued operation of such activities is detrimental to the best health, safety, convenience, good morals and general welfare of the Borough of Folcroft, and of the residents, citizens, inhabitants and business thereof. Accordingly, Council of Borough of Folcroft hereby declares such activities to be illegal as hereinafter set forth, and further, that such activities are, and are hereby declared to be and constitute a public nuisance, and herein establishes penalties for such activities.
In this chapter, the following definitions shall apply:
COMMUNITY STANDARDS
The standards of the community from which the jury is drawn or would be drawn if it were the trier of the fact.
KNOWINGLY
Having general knowledge of, or reason to know or a belief or ground for belief which warrants further inspection or inquiry of the character and content of the material involved, which material is reasonably susceptible of inspection.
OBSCENE
That which is determined as obscene, applying the following guidelines:
A. 
Whether the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
B. 
Whether the subject matter depicts or describes in a patently offensive way sexual conduct of a type hereinafter described.
C. 
Whether the subject matter taken as a whole lacks serious literary, artistic, political or scientific value.
PATENTLY OFFENSIVE
So offensive on its face as to affront current standards of decency, and shall be deemed to include any of the following described forms of sexual conduct, if they are depicted so as to affront current standards of decency:
A. 
An act of sexual intercourse, normal or perverted, actual or simulated, real or animated, including genital-genital, anal-genital or oral-genital intercourse, whether between human beings or between a human being and an animal.
B. 
Sadomasochistic abuse, meaning flagellation or torture for sexual gratification, by or upon a person who is nude or clad in undergarments, a mask, or in a bizarre or revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
C. 
Masturbation, excretory functions, and lewd exhibition of the genitals, including any explicit close-up representation of a human genital organ or spread-eagle exposure of female genital organs.
D. 
Physical contact or simulated physical contact with the clothed or unclothed genitals, pubic area, buttocks of a 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 in an act of apparent sexual stimulation or gratification.
E. 
A device designed and marketed as useful primarily for stimulation of the human genital organs.
F. 
Male or female genitals in a discernibly turgid state.
G. 
Fellatio, cunnilingus, anal sodomy, seminal ejaculation, or any excretory function.
PERSON
A natural person, partnership or corporation. Whenever used in a clause describing or imposing a fine or term of imprisonment, or both, the term "person," as applied to partnerships, shall mean the partners or members thereof, and as applied to corporations, shall mean the officers thereof.
[Amended 12-10-1990 by Ord. No. 835; 11-21-2006 by Ord. No. 990]
A. 
General.
(1) 
No person shall knowingly either sell, rent, distribute, exhibit, show, transmit, or offer, either to sell, rent, distribute, exhibit, show or transmit, or have in his possession or under his control with intent either to sell, rent, distribute, exhibit, show or transmit to another, any obscene motion picture film, videocassette or disc, or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, picture, figure, image, sculpture, or any written or printed matter of an obscene nature or any device, article or instrument of an obscene nature.
(2) 
No person shall knowingly participate in, support or in any way aid or assist any person in selling, renting, distributing, or showing any obscene motion picture film, or videocassette or disc or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, picture, figure, image, sculpture, or any written or printed matter of an obscene nature or any device, article or instrument of an obscene nature.
(3) 
No person shall knowingly design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene motion picture film, videocassette or disc, or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper comic book, writing, drawing, photograph, picture, figure, image, sculpture, or any written or printed matter of an obscene nature or any device, article, or instrument of an obscene nature.
(4) 
No person shall knowingly produce, present, or direct any obscene performance or participate in the portion thereof which is obscene.
(5) 
No person, being the owner of any premises or having control thereof, shall knowingly permit within or upon said premises the exhibition, projection or showing of any motion picture film, videocassette or disc, show, presentation or performance of an obscene nature, or permit anyone to sell, rent distribute, exhibit, give away or show any obscene motion picture film, videocassette or disc, or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, picture, figure, image, or sculpture, or any written or printed matter of an obscene nature or any device, article or instrument of an obscene nature.
(6) 
No person shall knowingly write, print, publish or utter, or cause to be printed, published or uttered, any advertisement or notice of any kind giving information directly or indirectly, stating or purporting to state where, how or whom or by what means, any obscene motion picture film, videocassette or disc, picture, book, writing, paper, comic book, figure, image, matter, article or thing of an obscene nature can be seen, purchased, obtained or had.
B. 
Minors.
(1) 
No person, within the Borough of Folcroft, shall display at newsstands or any other business establishment frequented by minors under the age of 18 years or where said minors are or may be invited as a part of the general public, or where they may view same, any material depicting the acts specified in § 431-2, "patently offensive," male or female buttocks or genitals or the female breast below a point immediately above the top of the areola.
(2) 
In addition to any other violations or penalties prescribed herein, any person in the Borough of Folcroft who has in his possession or under his control with intent to sell, rent, distribute, exhibit, show or transmit to another, any obscene motion picture film, video cassette or disc, or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, figure, image, sculpture or any other written or printed matter containing photographs or photographic images depicting children under the age of 17 years, participating in, performing, or observing any of the acts defined in § 431-2, "patently offensive," shall be sentenced to pay a fine of not 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, in addition to any other penalty which may be imposed. Each day that a violation of this chapter continues shall constitute a separate offense.
(3) 
Any obscene literature or film displaying or presenting pictures, photographs, or photographic images depicting pre-pubescent children exhibiting underdeveloped genitalia or breasts, shall be a per se violation of the provisions of this section without further proof of age.
C. 
Massage parlors and model studios. No person shall own, operate, or maintain any massage parlor or model studio which, as a regular course of business, is used for the purpose of lewdness, assignation or prostitution, and every such massage parlor or model studio in or upon which acts of lewdness, assignation or prostitution are held or occur, is declared to be a public nuisance. As used in this subsection, the following terms shall have the meaning indicated:
MASSAGE
Any method of treating the superficial soft parts of the human body for remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by hand, or by use of any instrument.
MASSAGE PARLOR
Any building or structure or portion thereof, located within the Borough of Folcroft, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.
(1) 
Any premises on which there is conducted the business of furnishing figure models who pose in the nude for the purpose of being observed or viewed by any person or of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for persons who pay a fee, or other consideration or compensation, or a gratuity, for the right or opportunity so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the premises.
(2) 
Any premises on which there is conducted the business of furnishing or providing or processing, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed or viewed by any person or to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.
(3) 
Exception. The words "model studio" do not include:
(a) 
Any studio which is operated by any college or junior college, public school, or any governmental agency wherein the person, firm, association, partnership, or corporation operating it has met the requirements of the State of Pennsylvania for the issuance or conferring of, and is, in fact, authorized thereunder to issue and confer, a diploma or honorary diploma.
(b) 
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection (3)(a).
(c) 
Any studio operated by a tax-exempt, nonprofit corporation devoted to the development of art and its appreciation.
[Amended 11-21-2006 by Ord. No. 990]
Upon observing or receiving notice of a potential violation of this chapter, the Code Enforcement Department or the Police Department shall conduct an investigation to determine whether legal action should be taken. If the Code Enforcement Department or the Police Department determines that there is reason to believe that a violation of this chapter has or is continuing to occur, the Code Enforcement Department or the Police Department shall continue its investigation in order to provide a Magisterial District Judge with sufficient facts to establish probable cause that this chapter has been violated and to enable the Magisterial District Judge to issue the appropriate process. The facts establishing probable cause shall be assembled according to the following procedure:
A. 
Obscene articles available for purchase. A Code Enforcement Officer or a police officer shall purchase the allegedly obscene article, prepare a citation for each article purchased, and present the article and the citation to a Magisterial District Judge and request the Magisterial District Judge to issue the appropriate process.
B. 
Obscene films not available for purchase or rental and live performances. An officer shall observe the allegedly obscene film or performance, prepare a citation, present the citation to a Magisterial District Judge and request the Magisterial District Judge to issue the appropriate process.
[Amended 12-10-1990 by Ord. No. 835; 11-21-2006 by Ord. No. 990]
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof, shall be sentenced to pay a fine of not 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 chapter continues shall constitute a separate offense.
[Added 11-21-2006 by Ord. No. 990]
When the contents of this section are in disagreement with Chapter 600, Zoning, the stricter standards, with the exception of use, are to be enforced.