[HISTORY: Adopted by the Borough Council of the Borough of
Houston 11-13-1985. Amendments
noted where applicable.]
As used in this chapter, the following words and phrases shall
have the following meaning:
One or more persons who are permitted to view a performance
for valuable consideration or in or from a public place.
That the material, device 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.
For purposes of applying the contemporary community standards
in this section, means the County of Washington of the Commonwealth
of Pennsylvania.
Exposing, placing, posting, exhibiting, or in any fashion
displaying in any location, whether public or private, a material
or a performance 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 a public place
or vehicle.
To manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material, or to offer or agree to do
the same, or to have in one's possession with intent to do the
same.
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.
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 any material described therein which
is reasonably susceptible of examination by the defendant.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulation of
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliance with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotions, ointments, 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 or business 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.
Any person under the age of 18.
The showing of post-pubertal human genitals or pubic area
with less than a fully opaque covering, the post-pubertal human female
breast below a point immediately above the top of the areola, or the
depiction of covered human male genitals in discernibly turgid state.
For the purpose of this definition, a female breast is considered
uncovered if the nipple only or the nipple and the areola only are
covered.
Any literature, including any book, magazine, newspaper,
comic book on other printed or written material, and any figure, visual
representation, or image, including any drawing, photograph, picture
or motion picture, and any recording, transcription or mechanical,
chemical or electrical reproduction, or any other articles, equipment
or machines, if:
The average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
The subject matter depicts or describes in a patently offensive
way sexual conduct or explicit sexual material of a type described
in this section; and
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
Any live or reproduced 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, if it is primarily
devoted to the description or representation, in whatever form, of
nudity, sexual conduct, sexual excitement, or sadomasochistic abuse
and:
To cause, permit, procure, counsel or assist.
Displays publicly as defined in this § 174-1.
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.
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,
waitering and waitressing, and entertaining.
Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, homosexuality, and patently offensive representations or descriptions of masturbation, physical stimulation, excretory functions, and lewd exhibition of the genitals. As used in § 174-2B, "sexual conduct" means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person be a female, breast.
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.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
Includes the genitals, pubic area, buttocks, anus, perineum
of any person or the vulva or breasts of a female.
It shall be unlawful for any person for monetary consideration,
pecuniary gain or other consideration with intent to violate the following
to:
A.
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, disseminate, advertise, distribute or make available
to the public any obscene material on objects or sexual devices.
B.
Sell to another person an admission ticket, pass or other item to
gain admission or admit any other person to premises whereon there
is exhibited or disseminated any explicit sexual material, obscene
material, or any performance showing or disseminating obscene material
or explicit sexual material depicting nudity, sexual excitement or
sexual conduct.
C.
Knowingly engage or participate in any obscene performance made available
to the public.
D.
Provide service to patrons in such a manner as to expose to public
view:
(1)
Human 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.
E.
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.
F.
Design, copy, draw, photograph, print, utter, publish or in any manner
manufacture or prepare any obscene materials or explicit sexual material.
G.
Operate a massage parlor.
(1)
Operate a massage parlor or business which is engaged in providing
massages at or away from the place of business to any person for the
purpose of causing sexual excitement unless the massage is a treatment
administered pursuant to a signed order of a licensed physician, osteopath,
chiropractor, registered physical therapist, or other health care
professional licensed to engage in such profession by the Commonwealth
of Pennsylvania, which order shall clearly set forth the name, address
and telephone number of the licensed professional issuing the order,
be dated, specifically prescribe the treatment to be rendered and
the portions of the body of the patient to be treated, the number
of treatments to be administered, and the recommended interval of
time to lapse between treatments. No such order shall be valid for
any more than 10 treatments. The person, operator of the massage parlor
or business providing the massage pursuant to such order shall maintain
records which shall be available for inspection upon demand and without
a warrant by the Pennsylvania State Police, any licensing authority
regulating any professional person issuing the order for massages,
any investigative agency of the federal government, the sheriff of
Washington County, Pennsylvania, and the investigative staff of the
District Attorney of Washington County, Pennsylvania, and which shall
clearly show:
(a)
The date and hour of each treatment given;
(b)
The name of the person administering the massage;
(c)
The charge for such massage and whether payment for such massage
has been received;
(d)
The name of the party who paid for such massage if payment was
made by any third-party pay or pursuant to any policy of insurance,
medical reimbursement agreement or other indemnity agreement.
(2)
The requirements of this provision relating to the maintenance of
records of the administration of massages shall not apply to massage
treatments given in the residence of a patient, the office of a physician,
osteopath, registered physical therapist, chiropractor or other health
care professional licensed by the Commonwealth of Pennsylvania or
in a regularly established hospital or sanitarium licensed by the
Commonwealth of Pennsylvania. The occurrence of any of the following
events during the administration of a massage will create a presumption
that the purpose of the massage was to cause sexual excitement, which
shall be the basis for a finding of a violation of this chapter unless
rebutted by clear and convincing evidence to the contrary:
(a)
The massage of or physical contact with sexual or genital parts
of one person by any other person;
(b)
The failure to conceal, with a fully opaque covering, the sexual
or genital parts of the body of any person administering the massage
or to whom the massage is being administered;
(c)
The failure of the person administering the massage to be clothed
in trousers or full-length pants which fully cover their legs at all
times during which the person is engaged in administering a massage.
H.
Promote the commission of any of the above-listed acts.
I.
Furnish pornographic material to minors.
J.
Hire, employ, use or permit any minor to do or assist in doing any
act or thing mentioned in this section.
K.
Display or cause or permit the display of any obscene materials, explicit sexual materials, any nudity, any material pornographic for minors as defined in § 174-1 of this chapter, in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion-picture screen, marquee, place of public display or similar place in such manner that the display is visible as a public display as defined in § 174-1 of this chapter.
A.
Actual notice of the obscene or pornographic nature of such material,
performance, on activity may be given to a person involved in or responsible
for such from the Borough Manager, Zoning Officer, or other duly authorized
Borough official.
A.
The Borough may institute proceedings in equity in the Court of Common
Pleas of Washington County when any person violates or clearly is
about to violate this chapter for the purpose of enjoining such violation.
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
material received, or as rent to an owner due to the continuation
of said prohibited conduct shall be turned over to the Borough 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 Pennsylvania 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 on 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 Borough 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 Houston
Borough for deposit in its general fund.
B.
The Borough reserves the right to pursue any and all other remedies
available to it and all such remedies shall be cumulative.
In addition to such injunctive relief as may be ordered, whoever
violates this chapter shall, upon conviction thereof, be guilty of
a summary offense, and fined not exceeding $300, or such greater amount
if authorized by an Act of Assembly of the Commonwealth of Pennsylvania,
and the payment of costs of prosecution for each offense, or imprisoned
for a period not to exceed 30 days, or both. In addition, violators
shall be required to pay reasonable attorneys' fees incurred by the
Borough pursuant to the enforcement of this chapter. Each day's
continuance of any violation of this chapter shall constitute a separate
offense, punishable by a like fine, costs and imprisonment.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein; it is further the intention that if
any provisions of this chapter be declared invalid, all other provisions
thereof shall remain valid and enforceable.
