[HISTORY: Adopted by the Board of Supervisors of the Township of Cross Creek 8-19-1986 by Ord. No. 1-86. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
AVAILABLE TO THE PUBLIC
The matter or performance may be purchased or attended on a subscription basis, on a membership fee arrangement, or for a separate fee for each item or performance.
DISPLAYS PUBLICLY
Exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen, and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others.
DISSEMINATE
To transfer possession of, with or without consideration.
EXPLICIT SEXUAL MATERIAL
Any pictorial or three-dimensional material depicting human masturbation, deviate sexual intercourse, sexual intercourse, direct physical stimulation or unclothed genitals, sadomasochistic abuse, or emphasizing the depiction of post-pubertal human genitals; provided, however, that works of art or of anthropological significance shall not be deemed to be within the foregoing definition.
KNOWINGLY
Being aware of the character and the content of the material.
MASSAGE
Any process consisting of kneading, rubbing or otherwise manipulating the skin of the body of a human being either with the hand or by means of electrical instruments or apparatus or other special apparatus, but shall not include massages by duly licensed physicians, osteopaths, chiropractors, registered nurses and practical nurses operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and who operate only under such physician's direction; nor shall this definition include any massage of the face or neck practiced by beauticians, cosmetologists and barbers duly licensed.
MASSAGE ESTABLISHMENT
Any building, room, place or establishment where, for any form of consideration or gratuity, manipulated massage or manipulated exercises are practiced upon the human body by anyone not a duly licensed physician, osteopath, chiropractor, registered nurse and practical nurse operating under a physician's directions, registered speech pathologists and physical or occupational therapists who treat only patients recommended by a licensed physician and operate only under such physician's direction, whether with or without the use of mechanical, therapeutic or bathing devices, and shall include Turkish bathhouses. The term shall not include a regularly licensed hospital, medical clinic or nursing home, duly licensed beauty parlors or barber shops.
MATERIAL
Any book, magazine, newspaper or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription or mechanical, chemical, or electrical reproduction or any other articles, equipment or machines.
MINOR
Any person under the age of 18.
NUDITY
The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the depiction of covered male genitals in a discernibly turgid state.
OBSCENE
To the average person applying contemporary community standards:
A. 
The predominant appeal of the matter, taken as a whole, is to prurient interest, i.e., a shameful or morbid interest in sexual conduct, nudity, or excretion; and
B. 
The matter depicts or describes sexual conduct in a patently offensive manner; and
C. 
The work, taken as a whole, lacks serious literary, artistic, political or scientific value.
PERFORMANCE
Any preview, play, show, skit, film, dance or other exhibition performed before an audience.
PERSON
Any individual, partnership, firm, association, corporation or other legal entity.
PORNOGRAPHIC FOR MINORS
Any material or device or performance is "pornographic for minors" if it is primarily devoted to description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse and:
A. 
Its predominant appeal is to prurient interest in sex; and
B. 
It is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and
C. 
It lacks serious literary, artistic, political or scientific value for minors.
PROMOTE
To cause, permit, procure, counsel or assist.
SERVICE TO PATRONS
The provision of services to paying guests in establishments providing food and beverages, including but not limited to hostessing, hat checking, cooking, bartending, serving, table setting and clearing, waiter and waitressing, and entertaining.
SEXUAL DEVICE
Any instrument or appliance primarily designed, promoted or marketed for the purposes of artificially causing, simulating, stimulating, or enhancing sexual conduct, except that any such device which is sold, distributed or displayed for bona fide medical purposes shall not be included within this definition.
It shall be unlawful for any person for pecuniary gain or other consideration to:
A. 
Knowingly disseminate, distribute or make available to the public any obscene material or objects or sexual devices; or
B. 
Knowingly engage or participate in any obscene performance made available to the public; or
C. 
Knowingly engage in commerce with materials depicting and describing explicit sexual conduct, nudity, or excretion utilizing displays, circulars, advertisements and other public sales efforts that promote such commerce primarily on the basis of their prurient appeal; or
D. 
Knowingly provide service to patrons in such a manner as to expose to public view:
(1) 
His or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region;
(2) 
Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
(3) 
Any portion of the female breast at or below the areola thereof; or
E. 
Knowingly lease, own, or make available for such purposes a massage establishment, or engage in or offer to engage in for pecuniary gain or consideration the practice of massage as such conduct is defined herein.
F. 
Knowingly publicly display explicit sexual material or to fail to take prompt action to remove the display of explicit sexual material from property in his possession after learning of its existence.
G. 
Knowingly promote the commission of any of the above-listed acts.
H. 
Knowingly to furnish pornographic material to minors.
A. 
Actual notice of the obscene or pornographic nature of such material, performance, or activity may be given to a person involved in or responsible for such from the Township Manager, Zoning Officer or other duly authorized Township official.
(1) 
Such notice shall be in writing and delivered by mail or in person to the alleged offender;
(2) 
Such a notice shall state that:
(a) 
In the opinion of the Township Manager, Zoning Officer or other duly authorized Township official, the activity engaged in falls within the prohibitions of § 208-2;
(b) 
That, if such activity has not ceased within 24 hours, the Township will take appropriate legal action.
B. 
A person who promotes any activity prohibited in § 208-2 in the course of his business is presumed to do so with knowledge of its content and character.
A. 
The Township may maintain an action of an equitable nature to enjoin any person from owning, leasing, maintaining, managing, conducting or operating a facility which is used for prohibited conduct as specified herein.
B. 
From and after service of the complaint in equity as provided for in the Rules of Civil Procedure, all money or other valuable consideration thereafter paid as an admission price or for services rendered or as rent to an owner due to the continuation of said prohibited conduct shall be turned over to the Township upon the issuance of an order by the Court of Common Pleas of Washington County enjoining such activities.
C. 
Injunctions.
(1) 
Preliminary and permanent injunctions may be issued to prevent the further maintenance of such conduct. The procedures for obtaining such injunctions shall be governed by the Pa. Rules of Civil Procedure.
(2) 
Upon the trial on the merits of the permanent injunction, if the court finds a facility to be in violation of this chapter, the court may issue an order closing the facility to all uses and purposes for a period of one year. If the offenders or persons owning, in control or in charge of such facility certify that the illegal activity has been abated and that the facility will no longer be used for such illegal conduct, and post a bond in an amount not to exceed the value of the personal property possessed or contained at such place for the maintenance of the illegal activity, the court may release such person or persons from the closure order. The bond shall be deposited with the court prior to the release of any closure order and shall be returned to the person posting said bond, without interest at the expiration of one year, provided that the illegal activity is not maintained or reestablished within that year.
A. 
Upon judgment for the Township in legal proceedings brought pursuant to this chapter, an accounting shall be made by such defendant or defendants of all money or valuable consideration received by them after the receipt of the requisite notice set forth herein. The court may issue an order directing that such money or its equivalent and any valuable consideration received shall be turned over to Cross Creek Township for deposit in its general fund.
B. 
The Township reserves the right to pursue any and all other remedies available to it and all such remedies shall be cumulative.
[Amended 1-20-1998 by Ord. No. 1-98]
A. 
Upon conviction, the responsible party shall pay a fine of no less than $500 and no more than $1,000 per violation, plus court costs, and, where applicable, attorney's fees. Each day that a violation is found to exist shall be considered a separate violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The fine shall be in addition to any and all other remedies available at law or in equity, wherein, and not by way of limitation, the Township shall have the right to bring an action in equity to abate and/or cause a termination of said violation or violating condition, wherein the party determined to be responsible shall also be subject to the payment of court costs, attorney's fees and the like. This remedy is in addition to and not in limitation of any other remedy or sanction that is available at law or in equity.
C. 
Said chapter shall be prosecuted and/or enforced by the Township Zoning Officer, Code Enforcement Officer, or any police officer or any other Township official as previously designated or appointed.
After conviction, in addition to any other penalty imposed for violation of this chapter, Cross Creek Township may revoke the occupancy permit of the establishment until such time as it is satisfied that no further illegal conduct as provided in this chapter shall be conducted thereon.
Each separate provision of this chapter shall be deemed independent of all other provisions herein, and it is further the intention that if any provisions of this chapter be declared invalid, all other provisions thereof shall remain valid and enforceable.
This chapter shall take effect and be in full force and effect the 19th day of August, 1986.