[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:
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.
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.
To transfer possession of, with or without consideration.
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.
Being aware of the character and the content of the material.
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.
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.
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.
Any person under the age of 18.
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.
To the average person applying contemporary community standards:
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
The matter depicts or describes sexual conduct in a patently
offensive manner; and
The work, taken as a whole, lacks serious literary, artistic,
political or scientific value.
Any preview, play, show, skit, film, dance or other exhibition
performed before an audience.
Any individual, partnership, firm, association, corporation
or other legal entity.
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:
To cause, permit, procure, counsel or assist.
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.
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.
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.
