[Adopted 4-14-1980 by Ord. No. 646 (Ch. 13, Part 9A, of the 1993 Code
of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
Having knowledge of the contents and character of the patently
offensive sexual conduct or other content which appears in the motion-picture
film, publication, or live theatre production, or knowledge of the
acts of obscenity, assignation, or prostitution which occur in any
place.
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 the use of any instrument.
MASSAGE PARLOR
Any building or structure or portion thereof, located within
the Township, which is open to members of the general public, with
or without the payment of a fee, at which massage services are offered.
MATTER
A motion-picture film, live theatre production, publication,
or all three.
MODEL STUDIO
A.
Any place where 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 place; or
B.
Any place where there is conducted the business of furnishing
or providing or procuring, 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.
C.
Exception. The words "model studio" do not include:
(1)
Any studio which is operated by any state college or junior
college, public or private school, or any governmental agency wherein
the person, firm, association, partnership or corporation so operating
has met the requirements established by the Commonwealth of Pennsylvania
for the issuance or conferring of, and is in fact authorized thereunder
to issue and confer, a diploma or honorary diploma; or
(2)
Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection
C(1) of this definition.
MOTION-PICTURE FILM
Any:
C.
Film designed to be projected on a screen for exhibition.
D.
Films, glass slides or transparencies, either in negative or
positive form, designed for exhibition by projection on a screen.
E.
Videotape or any other medium used to electronically reproduce
images on a screen.
NUDE
Includes:
A.
Completely without clothing; or
B.
With the human male or female genitals, pubic area or buttocks
with less than a full 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 covered male genitals in a discernibly
turgid state.
OBSCENE MATTER
Any matter:
A.
Which the average adult person, applying contemporary community
standards, would find, when considered as a whole, appeals to the
prurient interest; and
B.
Which depicts or describes patently offensive representations
or descriptions of:
(1)
Ultimate sexual acts, normal or perverted, actual or simulated;
or
(2)
Masturbation, excretory functions, or exhibition of the genitals
or genital area; and
C.
The matter, taken as a whole, lacks serious literary, artistic,
political, educational, or scientific value.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PLACE
Includes, but is not limited to, any building, structure
or space, or any separate part or portion thereof, whether permanent
or not, or the ground itself.
PUBLICATION
Any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording, or a motion-picture film which
is displayed in an area open to the public, offered for sale or exhibited
in a coin-operated machine.
SALE
A passing of title or right of possession from a seller to
a buyer for valuable consideration, and shall include, but is not
limited to, any lease or rental arrangement or other transaction wherein
or whereby any valuable consideration is received for the use of,
or transfer of possession of, obscene matter.
[Adopted 11-15-1994 by Ord. No. 772 (Ch. 13, Part 9B, of the 1993 Code
of Ordinances)]
No person, knowing the obscene character of the materials or
performance involved, shall:
A. Display or cause or permit the display of any obscene materials in
or on any window, showcase, newsstand, display rack, billboard, display
board, viewing screen, motion-picture screen marquee or similar place
in such manner that the display is visible from any public street,
highway, sidewalk, transportation facility or other pubic thoroughfare.
B. Sell, lend, distribute, exhibit, give away or show any obscene materials
to any person 17 years of age or older or offer to sell, lend, distribute,
exhibit or give away or show, or have in his possession with intent
to sell, lend, distribute, exhibit, or give away, or show any obscene
materials to any person 17 years of age or older or knowingly advertise
any obscene materials in any manner.
C. Design, copy, draw, photograph, print, utter, publish or in any manner
manufacture or prepare any obscene materials.
D. Write, print, publish, utter or cause to be written, printed, published
or uttered any advertisement or notice of any kind giving information,
directly or indirectly, stating or purporting to state where, how,
from whom or by what means any obscene materials can be purchased,
obtained or had.
E. Produce, present or direct any obscene performance or participate
in a portion thereof that is obscene or that contributes to its obscenity.
F. Hire, employ, use or permit any minor child to do or assist in doing
any act or thing mentioned in this section.
As used in this article, the following words and phrases shall
have the meanings given to them in this section:
COMMUNITY
For the purpose of purpose of applying the contemporary community
standards in this article, "community" means the state.
KNOWING
As used in §
444-8, 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 performance of any material described in §
444-8 which is reasonably susceptible of examination by the defendant.
MATERIALS
Any literature, including any book, magazine, pamphlet, newspaper,
story paper, comic book or writing, and any figure, visual representation,
or image, including any drawing, photograph, picture or motion picture.
OBSCENE
Any material, materials or performance is obscene if:
A.
The average person, applying contemporary community standards,
would find that the subject matter, taken as a whole, appeals to the
prurient interest.
B.
The subject matter depicts or describes in a patently offensive
way sexual conduct of a type described in this section.
C.
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
PERFORMANCE
Any play, dance or other live exhibition performed before
an audience.
SEXUAL CONDUCT
Patently offensive representation or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated and patently
offensive representations or descriptions of masturbation, excretory
functions and lewd exhibitions of the genitals.
TRANSPORTATION FACILITY
Any conveyance, premises or place used for or in connection
with public passenger transportation, whether by air, rail, motor
vehicle or any other method, including aircraft, watercraft, railroad,
cars, buses, and air, boat, railroad and bus terminals and stations.
No person shall knowingly disseminate by sale, loan or otherwise
explicit sexual materials to a minor. "Explicit sexual materials,"
as used in this section, means materials which are obscene or:
A. Any picture, photography, 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 minors.
B. Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in Subsection
A, 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 minors.
It shall be unlawful for any person knowingly to exhibit for
monetary consideration to a minor or knowingly to sell to a minor
an admission ticket or pass or knowingly to admit a minor for a monetary
consideration 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 minors,
except that the foregoing shall not apply to any minor accompanied
by his parent.
As used in §§
444-10 and
444-11, the following terms shall have the meanings indicated:
HARMFUL TO MINORS
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse when it:
A.
Predominantly appeals to the prurient, shameful or morbid interest
of minors.
B.
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors.
C.
Is considered as a whole to lack serious literary, artistic,
political and scientific value for minors.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry,
or both:
A.
The character and content of any material described herein which
is reasonably susceptible of examination by the defendant.
B.
The age of the minor; 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
minor.
MINOR
Any person under the age of 17 years.
NUDITY
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.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
SEXUAL CONDUCT
Acts of masturbation, homosexuality, sexual intercourse,
or physical contact with a persons's clothed or unclothed genitals,
pubic area, buttocks or, if such person be a female, breast.
SEXUAL EXCITEMENT
The condition of human male or female genitals when in a
state of sexual stimulation arousal.
No person shall knowingly require any distributor or retail
seller as a condition to sale or delivery for resale or consignment
of any literature, book, magazine, pamphlet, newspaper, story paper,
paper, comic book, writing, drawing, photograph, figure or image,
or any written or printed matter, or any article or instrument to
purchase or take by consignment for purposes of sale, resale or distribution
any obscene literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure or
image, or any written or printed matter of an obscene nature or any
article or instrument of an obscene nature.
Nothing in this article shall apply to any recognized society
or museum accorded charitable status by the federal government, any
county, city, borough, township or town library, any public library,
any library of any school, college or university, or any archive or
library under the supervision and control of the commonwealth or a
political subdivision.
Any person violating any section of this article shall, upon
conviction, be fined not more than $1,000 per violation per day, plus
costs, or imprisoned for not more than 10 days, or both.