[HISTORY: Adopted by the Board of Supervisors of East Hanover
Township 6-16-1983 by Ord. No.
2-83. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A drug, substance or immediate precursor as defined in Schedules
1 through 5 of the Pennsylvania Controlled Substance, Drug Device
and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
Any objects, devices, instruments, apparatus or contrivances,
whose primary and traditionally exclusive use is involved with the
illegal use of any and all controlled substances under the laws of
Pennsylvania.
Any business, the operation of which involves the sale, lease,
trade, gift or display for sale, of any and all types of drug paraphernalia.
A substance which under the regulations of Pennsylvania Department
of Health is a principle compound commonly used or produced primarily
for use, and which is an immediate chemical intermediary used or likely
to be used, in the manufacture of a controlled substance.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
Any establishment having a source of income or compensation
derived from the practice of massage and which has a fixed place of
business where any person, firm, association or corporation engages
in or carries on the practice of massage.
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.
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument, or any other
written or printed matter which:
Depicts or describes in a patently offensive manner sexual conduct,
sexual excitement or sadomasochistic abuse or (in the case of articles
or instruments) is designed or intended for use in achieving artificial
sexual stimulation; and
Taken as a whole, appeals to the prurient interest; and
Taken as a whole, does not have serious literary, artistic,
political or scientific value.
A shameful or morbid interest in nudity, sex, or excretion
which goes substantially beyond customary limits of candor in description
or representation of such matters and is matter which is without redeeming
social importance, as judged with reference to average adults; provided,
however, if it appears from the nature of the material or the circumstances
of its dissemination, distribution or exhibition that it is designed
for clearly defined deviant sexual groups, the predominant appeal
of the matter shall be judged with reference to its intended recipient
group.
Flagellation or torture by or upon a person who is nude or
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.
Actual or simulated acts of human masturbation, sexual intercourse
or any touching of the clothed or unclothed genitals, pubic area,
or buttocks of the 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.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
A use which is primary and inherent as opposed to secondary
and incidental, and is associated with certain knowledge or beliefs
derived from statements of contemporary persons and handed down through
a considerable period of time.
The following uses shall be prohibited within the Township of
East Hanover:
A.
The operation of any business which has obscene materials as a substantial
or a significant portion of its stock-in-trade.
B.
The operation of any massage parlor in which any of the following
activities are carried on:
(1)
The treatment of any person of the opposite sex, except upon the
signed order of a licensed physician, osteopathy, chiropractor, or
registered physical therapist, which order shall be dated and shall
specifically state the number of treatments, not to exceed 10. The
date of hour of each treatment given and the name of the operator
shall be entered on such order by the establishment where such treatments
are given and shall be given to inspection by police. The requirements
of this provision shall not apply to treatments given in the residence
of a patient, the office of a licensed physician, osteopath or registered
physical therapist, chiropractor or on a regularly established and
licensed hospital or sanitarium.
(2)
The massage of, or physical contact with, the sexual or genital parts
of one person by any other person. Sexual or genital parts shall include
the genitals, pubic area, buttocks, anus, or perineum of any person,
or the vulva or breasts of a female.
(3)
The failure to conceal with a fully opaque covering, the sexual or
genital parts of the body of any person.
C.
The operation of any business which involves, in whole or in part,
the sale, lease, trade, gift or display for sale, of any and all types
of drug paraphernalia, as defined herein.
D.
The operation of any business or other public establishment which
displays or places into public view magazines, newspapers or materials
in which nudity, sex, and/or obscenity constitutes a significant part,
in such manner that minors under the age of 18 years who are, or may
be, invited as part of the general public onto or into the business
premises, may be subjected to an offensive visual encounter with nudity,
sexual conduct, or obscene portions of such materials, merely by glancing
around the premises. It is hereby determined, as a matter of public
nuisance when so displayed:
(1)
No person, partnership, association or corporation owning a business
or other public establishment shall be in violation of the provisions
of this ordinance prohibiting the display of certain materials to
minors, if such materials are covered or displayed in such a manner
that the offensive nature of the materials is not visible as displayed.
Drop shelves or opaque covers which allow the name of a magazine or
newspaper to be readily determined but which block the view of the
offensive nature of the materials or publication are specifically
determined to be permissible methods of display.
Any person, partnership, association or corporation who, or
which, shall violate any provision of this chapter shall for each
and every violation, upon conviction thereof, shall be sentenced to
pay a fine of not more than $300 and costs of prosecution and, upon
default of payment to pay such fine and costs, to imprisonment of
not more than 30 days. Each day that a violation is continued shall
constitute a separate offense.
