The Council of West Leechburg Borough finds that the crass commercial exploitation of explicit sexual conduct through the public exhibition of obscene films and the sale of obscene publications and devices, and the use of so-called massage parlors, topless or bottomless commercial establishments and model studios for the purpose of lewdness, assignation or prostitution, constitutes a debasement and distortion of a sensitive 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 interferes with the interest of the public in the quality of life and total community environment, the tome of commerce in the Borough, property values, and the public safety; and that the continued operation of such activities is detrimental to the best health, safety, convenience, good morals and general welfare of West Leechburg Borough; and of the residents, citizens, inhabitants and businesses thereof. Accordingly, the Council of West Leechburg Borough hereby declares such activities to be illegal as hereinafter set forth, and, further, that such activities are, and are hereby declared to be and constitute a public nuisance, and herein establishes penalties for such activities.
[HISTORY: Adopted by the Borough Council of the Borough of West Leechburg 3-11-1998 by Ord. No. 266. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have meanings given to them as follows:
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.
That which is determined as obscene, applying the following guidelines:
Whether the 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 values.
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:
An act of sexual intercourse, normal or perverted, actual or simulated, real or animated, including genital-genital, anal-genital, oral-genital intercourse, whether between human beings or between a human being and an animal.
Masturbation, excretory functions or physical contact or simulated physical contact between humans and animals in an act of apparent sexual stimulation or gratification.
A device designed and marketed as useful primarily for stimulation of the human genital organs.
Male or female genitals in a state of sexual stimulation or arousal.
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.
A commercial business which uses as an inducement to acquire patronage thereof or lures in potential customers 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.
No person, knowing the obscene character of the materials or performance involved shall:
A.
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 possession or under his control with intent to sell, exhibit or show for remuneration, any obscene motion-picture film or any obscene literature, book, magazine, pamphlet, newspaper, storybook, paper, comic book, writing, drawing, photograph, figure, image, or any written or printed matter of an obscene nature, or any device, article or instrument of an obscene nature, is declared to be a public nuisance.
B.
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 is declared to be a public nuisance.
C.
Any person who knowingly participates in selling or distributing any obscene motion-picture film or any obscene literature or any device, article or instrument of an obscene nature is declared to be a public nuisance.
D.
No person within West Leechburg Borough shall display at any business establishment, except in plain cover showing name of publisher only, any book, pocket book, pamphlet or magazine, the cover or content 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 is declared to be a public nuisance.
E.
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 this section shall be guilty of a summary offense.
(1)
"Massage," as used in this section, shall mean any method of treating the superficial soft parts of the human body of remedial, hygienic or other purposes, consisting of rubbing, stroking, kneading, or any similar treatment, accomplished by the hand, or by the use of any instrument.
(2)
"Massage parlor" shall mean any building or structure or portion thereof located within the Borough, with or without the payment of a fee, at which massage services are offered.
(3)
"Model studio" means:
(a)
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, 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
(b)
Any premises where there is conducted the business of furnishing or providing or procuring, for a fee or other 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 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; or
[2]
Any premises where there is conducted the business or furnishing, providing or procuring figure models solely for any studio described in Subsection E(3)(c)[1] of this subsection.
[3]
Any studio operated by a tax exempt, nonprofit corporation devoted to the development of art and its appreciation.
The provisions of this chapter shall be severable. If any court shall determine that any word, clause, phrase, sentence, paragraph or subsection of this chapter is unconstitutional as worded, the court shall first attempt to construe or interpret such unconstitutional provision so as to enable the same to be constitutional as so narrowed or construed. If the court cannot so limit or construe such work or provision narrowly so as to render the remainder constitutional, in no case shall a subordinate clause or phrase or word render its attached major section or provision unconstitutional, but instead shall be severed therefrom entirely, unless such severance renders the remainder wholly meaningless or unconstitutional.
That all ordinances, or parts of ordinances, conflicting with the provisions of this chapter be and the same are hereby repealed.
A.
Any person, firm or corporation who shall violate any provisions of this chapter shall pay a fine in the amount of $1,000 plus the costs of any court proceeding and reasonable attorney fees. Every day that a violation of this chapter continues shall constitute a separate and distinct violation.
B.
Any person, firm or corporation who shall violate any provision of this chapter which is declared to be a public nuisance, in addition to the fine set forth in Subsection A above, shall also be subject to an immediate injunction to stop or prevent any such activity, as well as any and all equitable relief that any court may impose.
C.
Nothing herein shall prevent the Borough of West Leechburg from pursuit of any and all available criminal penalties which may arise from any violation of this chapter. Any criminal penalties shall be in addition to any civil and or equitable penalties set forth in this chapter.
This chapter shall be effective immediately.