STATUTORY REFERENCES
Disorderly conduct — See 18 P.S. § 5503.
Obscene telephone calls — See 18 P.S. § 2709.
Power to regulate re morals — See Borough Code,
8 Pa.C.S.A. § 1202(5).
Public indecency — See 18 P.S. §§ 5901
et seq.
Sex offenses generally — See 18 P.S. §§ 3101
et seq.
Sexual abuse of children — See 18 P.S. § 6312.
[Ord. 496, passed 1-12-1987]
Council hereby finds that the commercial exploitation of explicit
sexual conduct through the sale, rental and showing of obscene films,
video tapes, video discs, records, magazines, books, pamphlets, photographs,
drawings and devices, and the use of massage parlors and model studios
for the purpose of lewdness, assignation or prostitution, constitutes
a debasement and distortion of a sensitive and key relationship of
human existence, central to family life, community welfare and the
development of human personality; is indecent and offensive to the
senses and to public morals; and interferes with the comfortable enjoyment
of life and property, in that such activities interfere with the interest
of the public in the quality of life and community environment, the
tone of commerce in the Borough, property values and public safety.
Council finds that the continued operation of such facilities in a
commercial manner is detrimental to the health, safety, convenience,
good morals and general welfare of the Borough and of the residents,
inhabitants and businesses thereof. Accordingly, Council hereby declares
such activities to be illegal as hereinafter set forth. Further, such
activities are hereby declared to be and constitute a public nuisance.
[Ord. 496, passed 1-12-1987]
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
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 a reasonable inspection
which would disclose the content and character of the same.
That which is determined to be obscene by applying the following
guidelines:
Whether an average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
Whether the subject matter depicts or describes, in a patently
offensive way, sexual conduct of a type hereinafter described; and
Whether the subject matter taken as a whole lacks serious literary,
artistic, political or scientific value.
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 they are depicted so as to affront current
standards of decency:
An act of sexual intercourse, normal or perverted, actual or
simulated, real or animated, including genital-genital, anal-genital
or oral-genital intercourse, whether between human beings or between
a human being and an animal;
Sadomasochistic abuse, meaning flagellation, torture or sexual
gratification by or upon a person who is nude or clad in undergarments
or in a revealing costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of the person so clothed;
Masturbation, excretory functions and lewd exhibition of the
genitals, including an explicit, close-up representation of a human
genital organ or spread-eagle exposure of female genital organs;
Physical contact or simulated physical contact with the clothed
or naked pubic area or buttocks of a human male or female, or the
breasts of a female, whether alone or between members of the same
or opposite sex, or between humans and animals, in an act of apparent
sexual stimulation or gratification;
A device designed and marketed as useful primarily for the stimulation
of human genital organs;
Male or female genitals in a discernibly turgid state; and
Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any
excretory function.
A natural person, partnership or corporation. Whenever used
in a clause describing or imposing a fine or term of imprisonment,
or both, "person," as applied to a partnership, means the partners
or members thereof, and as applied to a corporation, means the officers
thereof.
[Ord. 496, passed 1-12-1987]
(A)
No person shall knowingly sell, rent, distribute, exhibit, transmit
or show, or offer to sell, rent, distribute, exhibit, transmit or
show, or have in his or her possession or under his or her control
with the intent to sell, rent, distribute, exhibit, transmit or show,
to another person, in a commercial setting, any obscene film, video
tape, video disc, phonograph record, magazine, book, pamphlet, photograph,
drawing or device.
(B)
No person shall knowingly participate in, support or in any way aid
or assist in the selling, renting, distributing or showing of any
obscene motion picture film, video tape, video disc, phonograph record,
magazine, book, pamphlet, photograph, drawing or device.
(C)
No person shall knowingly design, copy, draw, photograph, print,
utter, publish, manufacture or prepare any obscene motion picture
film, video tape, video disc, phonograph record, magazine, book, pamphlet,
photograph, drawing or device.
(D)
No person shall knowingly produce, present or direct any obscene
performance, or participate in any portion thereof which is obscene.
(E)
No person, being the owner of any premises or having control thereof,
shall knowingly permit within or upon such premises the exhibition
or showing of any motion picture film, video tape, video disc, show,
presentation or performance of an obscene nature, or permit anyone
to sell, rent, distribute, exhibit or show any obscene motion picture
film, video tape, video disc, phonograph record, magazine, book, pamphlet,
photograph, drawing or device.
(F)
No person shall knowingly write, print, publish or utter, or cause
to be uttered, printed or published, any advertisement or notice of
any kind giving information directly or indirectly, or stating or
purporting to state, as to where, how or whom, or by what means, any
obscene motion picture film, video tape, video disc, phonograph record,
magazine, book, pamphlet, photograph, drawing, device or thing of
an obscene nature can be seen, purchased, rented, obtained or had.
[Ord. 496, passed 1-12-1987]
(A)
No person in the Borough shall display at newsstands or at any other
business establishment frequented by minors under 18 years of age,
or where such minors are or may be invited as part of the general
public, or where they may view the same, any material depicting the
acts specified in the definition for patently offensive (§ 656.02),
male or female buttocks or genitals, or the female breast below a
point immediately above the top of the areola.
(B)
No person shall have in his or her possession or under his or her
control, with the intent to sell, rent, distribute, exhibit, show
or transmit it to another, any obscene motion picture film, video
tape, video disc, phonograph record, magazine, book, pamphlet, photograph,
drawing or device depicting children under 17 years of age participating
in, performing or observing any of the acts defined in the definition
for patently offensive (§ 656.02).
(C)
Any obscene literature, films, tapes, discs, photographs, magazines,
books, pamphlets or drawings depicting prepubescent children, showing
underdeveloped genitalia or breasts, shall be a violation of Division
(B) hereof without proof of age being necessary.
[Ord. 496, passed 1-12-1987]
(A)
No person shall own, operate or maintain any massage parlor or model
studio which, as a regular course of business, is used for the purpose
of lewdness, assignation or prostitution. Every such massage parlor
or model studio in or upon which acts of lewdness, assignation or
prostitution are held or occur is hereby declared to be a public nuisance.
(B)
MASSAGE
MASSAGE PARLOR
MODEL STUDIO
(1)
(2)
(3)
(a)
(b)
(c)
For the purpose of this section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
Any method of treating the superficial soft parts of the
human body for remedial, hygienic or other purposes, consisting of
rubbing, stroking, kneading or similar treatment, accomplished by
hand or by the use of any instrument.
Any building, structure or portion thereof, located in the
Borough, which is open to members of the general public, with or without
payment of a fee, at which massage services are offered.
Any premises on which there is conducted the business of furnishing
figure models who pose in the nude for purposes of being observed
or viewed by any person or of being sketched, painted, drawn, sculptured,
photographed or similarly depicted by persons who pay a fee, other
consideration or compensation or gratuity for the right or opportunity
to so depict the figure model, or for admission to, 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,
providing or procuring, for a fee, 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.
"Model studio" does not include:
Any studio which is operated by any college, junior college,
public school or governmental agency wherein the person operating
it has met the requirements of the state 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 the business of furnishing,
providing or procuring figure models solely for any studio described
in Division (b)1. hereof; and
Any studio operated by a tax exempt, nonprofit corporation devoted
to the development of art and its appreciation.
[Ord. 496, passed 1-12-1987]
This chapter shall apply to existing establishments which are
presently engaged in the type of activity herein declared to be illegal
and a public nuisance.
[Ord. 496, passed 1-12-1987]
Whoever violates or fails to comply with any of the provisions
of this chapter is guilty of a summary offense and shall be fined
not more than $300 or imprisoned not more than 90 days, or both, for
each offense. A separate offense shall be deemed committed each day
during or on which a violation occurs or continues.
