The Board of Supervisors of the Township of East Earl (hereinafter referred to as "Board of Supervisors") finds that the public depiction of nudity or explicit sexual conduct, and the public dissemination of obscene materials, which has the potential to include such locations commonly called adult bookstores, adult theaters, adult model studios, massage establishments, bathhouses, outcall service activities, sexual encounter centers, strip or bottle or erotic dance clubs, and other like uses have the serious potential to produce certain secondary effects which the Board of Supervisors believes to be detrimental to the community as a whole. Other communities across the country have established such secondary effects from the above-listed adult establishments to include increased levels of crime, drug and alcohol abuse, vandalism, prostitution, sexually transmitted diseases and occurrences of rape or sexual assault in the area immediately surrounding such adult establishments. Furthermore, the experience of other communities across the County has shown that the value of property, the level and quality of commercial trade and use, the maintenance and upkeep of buildings, and the overall quality of residential life and enjoyment all suffer in the area surrounding adult establishments. Furthermore, the Board of Supervisors finds that the continued operation of such adult establishments is detrimental to the health, safety, convenience, maintenance of family relationships and general welfare of East Earl Township and of the residences, citizens, inhabitants and businesses therein. Accordingly, the Board of Supervisors hereby prohibits such activities as hereinafter set forth, and further declares that such activities are public nuisances, and herein establishes penalties for such activities.
[HISTORY: Adopted by the Board of Supervisors of East Earl Township 11-13-2001 by Ord. No. 106 (Ch. 13, Part 2, of the 2001 Code of Ordinances). Amendments noted where applicable.]
In this chapter, the following definitions shall apply:
Any place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer a diploma.
An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner or practiced by a professional massage technician. A "medical practitioner," for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
Any establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
The standards of the community consisting of the County of Lancaster.
Audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any, fix any tangible meaning of expression, including, but not limited to, cellulose material and magnetic tapes.
Having knowledge of the character and content of the material involved or failure on notice to exercise reasonable inspection which would disclose the content and character of the same.
Any establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the Commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
Any person under the age of 18 years.
The showing of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breasts with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region, or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device stimulates and gives the realistic appearance of nipples and/or areola.
That which is determined as obscene, applying the following guidelines:
Whether the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
Whether the subject matter depicts or describes in a patently offensive way sexual conduct of a type hereinafter described.
Whether the subject matter taken as a whole lacks serious literary, artistic, political or scientific value.
Whether the subject matter which, standing alone, might not be obscene, may nevertheless be characterized as obscene when examined in the context of the circumstances of production, sale and publicity and, in particular, of pandering.
Any establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
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:
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 or other object.
Sadomasochistic abuse, meaning flagellation or torture or sexual gratification by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
Masturbation, excretory functions and lewd exhibitions of the genitals, including any explicit close-up representation of a human genital organ or spread-eagle exposure of female genital organs.
Physical contact or simulated physical contact with the clothed or naked pubic area of 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.
A device designed and marketed as useful primarily for stimulation of the human genital organs.
Male or female genitals in a discernibly turgid state.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any excretory function.
A natural person, partnership or corporation. Whenever used in a subsection describing or imposing a fine or term of imprisonment, or both, the term "person," as applied to partnership, shall mean the partners or members thereof, and as applied to corporation, shall mean the officers thereof.
All outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms, bookstores, retail establishments, or halls limited to specific, members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
Any business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by professional persons, licensed by the commonwealth, to engage in sexual therapy.
Includes any of the following:
Includes the following:
A.
General.
(1)
No person shall knowingly either sell, rent, distribute, exhibit, show or 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 or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, figure, image 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 any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, figure, image 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 or any obscene book, picture, film, drawing, magazine, pamphlet, newspaper, story book, paper, comic book, writing, figure, image, matter, 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, show, presentation or performance of an obscene nature, or permit anyone to sell, rent, distribute, exhibit, give away or show any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing, drawing, photograph, figure or image or any written or printed matter of an obscene nature.
B.
Minors.
(1)
Display of certain material. No person within the Township of East Earl 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 § 95-2, the definition of "patently offensive" Subsections A through G, male or female buttocks or genitals or the female breast below a point immediately above the top of the areola.
(2)
Possession and control of obscene material. In addition to any other violations or penalties prescribed herein, any person in the Township of East Earl 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, or any obscene literature, book, magazine, pamphlet, newspapers, story book, paper, comic book, writing, or any other written or printed matter containing photographs or photographic images depicting a minor participating, performing or observing any of the acts defined in § 95-2, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, 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 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense. Any obscene literature or film displaying or presenting pictures, photographs or photographic images depicting prepubescent children exhibiting underdeveloped genitalia or breasts shall be a per se violation of the provisions of this section without further proof of age.
C.
Public nudity or patently offensive conduct. No person shall knowingly or intentionally, in any public place:
(1)
Engage in sexual intercourse.
(2)
Engage in deviate sexual intercourse as defined by the Pennsylvania Crimes Code.
(3)
Appear in a state of nudity.
(4)
Engage in any patently offensive act.
(5)
Participate in, support, sell, or receive financial remuneration of any kind for any of the acts enumerated in this section.
D.
Proximity of adult establishments to residential zones, churches, parks or schools.
(1)
No person may own, lease or operate any establishment that sells, rents, exhibits or otherwise distributes or makes available for public viewing any film or written or photographic material that depicts obscenity, patently offensive activities or material or nudity within 1,000 feet of any residentially zoned district, pursuant to the Zoning Ordinance of the Township of East Earl,[1] any school, church or park.
(2)
No person shall own, maintain, lease or otherwise operate any adult model studio, bathhouse, body painting studio, massage establishment, outcall service activity or sexual encounter center within 1,000 feet of any residentially zoned district, pursuant to the Zoning Ordinance of the Township of East Earl, any school, church or park.
E.
Operation of adult establishments.
(1)
All adult establishments described by this chapter must provide parking (the number of lots and dimensions of lots to be governed by the Zoning and Land Use and Subdivision Ordinances of the Township of East Earl[2]) that are fully visible from the public street fronting such an establishment.
(2)
In any adult bookstore, adult theater or other establishment that sells, rents, or otherwise distributes films or written or photographic materials that display obscenity, patently offensive acts or material or nudity, all patrons of such establishment must be visible from an open common area of the establishment. Such establishment may allow the use of booths, carrels or other semi-enclosed structures; provided, however, that no doors, curtains or other similar material may be used to completely enclose the patron, making the patron unable to be viewed from a central common open area.
Upon observing or receiving notice of a potential violation of this chapter, the Police Department of the Township of East Earl or any other proper law enforcement agency shall conduct an investigation to determine whether legal action shall be taken. If the Department determines that there is reason to believe that a violation of this chapter has or is continuing to occur, the Department shall continue its investigation in order to determine whether there is a probable cause for the institution of legal action for the enforcement of this chapter.