[Ord. 1480, passed 4-4-1977]
As used in this chapter:
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCEHaving knowledge of the contents and character of the patently offensive sexual conduct or demonstration which appears in the film or publication, or knowledge of the acts, lewdness, assignation or prostitution which occur on the premises.
LEWD MATTER(a) Any matter:
(1) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(2) Which depicts or describes patently offensive representations or descriptions of:
A. Ultimate sexual acts, normal or perverted, actual or simulated; or
B. Masturbation, excretory functions or exhibition of the genitals.
(b) Nothing herein contained is intended to include or proscribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value.
MASSAGEAny 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 PARLORAny building or structure or portion thereof, located within the Municipality, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.
MATTERA motion picture film or a publication, or both.
MODEL STUDIO(a) Any premises on which there is conducted the business of furnishing 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, 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, providing or procuring, for a fee or other consideration, 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) The words "model studio" do not include:
(1) Any studio which is operated by any State college, junior college, public school, governmental agency wherein the person, firm, association, partnership or corporation operating it has met the requirements established by the Commonwealth for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma;
(2) Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subparagraph A hereof; or
(3) Any studio operated by a tax exempt, nonprofit corporation devoted to the development of art and its appreciation.
MOTION PICTURE FILMIncludes any:
(c) Film designed to be projected on a screen for exhibition;
(d) Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
(e) Video tape or any other medium used to electronically reproduce images on a screen.
NUDEIncludes:
(a) Completely without clothing; or
(b) With the human male or female genitals, pubic area or buttocks with less than a full 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 covered male genitals in a discernibly turgid state.
PERSONAny individual, partnership, firm, association, corporation or other legal entity.
PLACEIncludes, but is not limited to, any building, structure or space, or any separate part or portion thereof, whether permanent or not, or the ground itself.
PUBLICATIONIncludes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording or motion picture film, which is displayed in an area open to the public offered for sale or exhibited in a coin-operated machine.
SALEA passing of title or right of possession from a seller to a buyer for valuable consideration, and includes, but is not limited to, any lease or rental arrangement or other transaction wherein or whereby any valuable consideration is received for the use of, or for the transfer of possession of, lewd matter.