[HISTORY: Adopted by the Borough Council of the Borough of Plymouth 6-2-2009 by Ord. No. 6-2009. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- COMMUNITY STANDARDS
- The standards of the community from which the jury is drawn or would be drawn if it were the trier of the fact.
- 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.
- NUDE OR PARTIALLY DENUDED FIGURES
- Less than completely and opaquely covered:
- That which is determined as obscene, applying the following guidelines:
- A. Whether the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
- B. Whether the subject matter depicts or describes in a patently offensive way sexual conduct of a type hereinafter described; and
- C. Whether the subject matter taken as a whole lacks serious literary, artistic, political or scientific values.
- PATENTLY OFFENSIVE
- 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 depicted or described in a patently offensive way:
- A. An act of sexual intercourse, normal or perverted, actual or stimulated, real or animated, including genital-genital, anal-genital and oral genital intercourse, whether between human beings or between a human being and an animal.
- B. Masturbation, excretory functions or physical contact stimulated physical contact between humans and animals in an act or apparent sexual stimulation or gratification.
- C. A device designed and marketed as useful primarily for stimulation of the human genital organs.
- D. Male or female genitals in a state of sexual stimulation or arousal.
- E. Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any other excretory function.
- A natural person, partnership or corporation. Whenever used in a clause describing or imposing a fine or term of imprisonment, or both, the term "person," as applied to a partnership, shall mean the partners or members thereof and, as applied to corporation, shall mean the officers thereof.
Any person who, with knowledge of the character and content, either sells, exhibits or shows for remuneration or offers to sell or has in his or her possession or under his or her control with intent to sell, exhibit or show for remuneration 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 any obscene nature or any device, article or instrument of an obscene nature shall be guilty of a violation.
Any person who, with knowledge of the character and content, produces, presents or directs any obscene performance or participates in the portion thereof, which is obscene, shall be guilty of a violation.
Any person who knowingly participates in the selling or distributing of any obscene motion picture film, or any obscene literature or any device, article or instrument of an obscene nature shall be guilty of a violation.
No person within the Borough shall display at any business establishment, except in plain cover showing the name of the publisher only, any book, pocket book, pamphlet or magazine the cover or contents of which exploits, is devoted to or is principally made up of descriptions or depictions of illicit sex or sexual immorality or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion or to exploit sex, lust or perversion for commercial gain, and violation hereof shall be a violation.
No person shall own, operate or maintain any massage parlor, model studio or topless or bottomless commercial establishment which, as a regular course of business, is used for the purpose of lewdness, assignation or prostitution, and every such massage parlor or model studio in or upon which acts of lewdness, assignation or prostitution are held or occur is declared to be a public nuisance. Any such person violating the section shall be guilty of a violation.
"Massage," as used in this section, shall mean 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" shall mean any building or structure or portion thereof located within the Borough, with or without payment of a fee, at which massage services are offered.
For the purpose of this section, model studio means:
Any premises on which 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 or 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 premises; or
Any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or compensation or gratuity, who pose in the nude to be viewed or observed by any person or to be sketched or painted, drawn, sculptured, photographed or otherwise similarly depicted.
Exception. The words "model studio" do not include:
Any studio which is operated by any college or junior college, public school or any governmental agency wherein the person, firm, association, partnership or corporation operating it has met the requirements of the State of Pennsylvania for the issuance or conferring of and is in fact authorized thereunder to issue and confer a diploma or honorary diploma.
Any premises where there is conducted business of furnishing, providing or procuring figure models solely for any studio described in Subsection E(3)(a).
Any studio operated by a tax exempt, nonprofit corporation devoted to the development of art and its appreciation.
"Topless or bottomless commercial establishment," as used in this chapter, means a commercial business which uses as an inducement to acquire patronage thereof, or lure potential customers with persons who are present therein in a nude or partially denuded condition whose purpose thereby is to provoke and arouse lust or passion or to exploit sex, lust or passion for commercial gain.
It shall be further unlawful for any massage parlor, model studio, topless or bottomless commercial establishment to be operated within any zone district of the Borough that shall be within 1,000 feet of any church, synagogue, school, day-care center, hospital, medical center or community center building.
Any person, firm or corporation who or which shall violate any provision of this chapter shall upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days, provided that each violation of any provision of the chapter and each day the same is continued shall be deemed a separate offense.