[Ord. 450, 4/10/1985, § 1]
The Borough of Mohnton finds that the crass commercial exploitation
of explicitly sexual conduct through the public exhibition of lewd
films and a display and/or sale of lewd publications, and the use
of so-called massage parlors and model studios for purposes 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 interests of the public and the quality of life
in total community environment, the tone of commerce in the Borough
of Mohnton, 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 the Borough and of
the residents, citizens, inhabitants and businesses thereof. The Borough
hereby declares such activities to be a public nuisance, and herein
establishes procedures for the abatement thereof and penalties for
such activities. This Part 1 shall apply to existing establishments
which are presently engaged in the type of activity herein declared
to be a public nuisance.
[Ord. 450, 4/10/1985, § 2]
As used in this Part, the following terms shall have the meanings
indicated:
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 appliances, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment, or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected 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 having a source of income or compensation
derived from the practice of massage which has a fixed place of business
where any person, firm, association or corporation engages in or carries
on the practice of massage.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering of any portions
thereof below the top of the nipple, or the depiction of covered male
genitals in a discernibly turgid state.
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
article instrument, or any other written or printed matter which:
Depicts or describes in a patently offensive manner sexual conduct,
sexual excitement or sadomasochistic abuse or (in the case of article
or instruments) is designed or intended for use in achieving artificial
sexual stimulation;
Would be found by the average person, taken as a whole, and
applying the contemporary community standards of the Commonwealth
of Pennsylvania, to appeal to the prurient interests; and
Taken as a whole, lacks serious and bona fide educational, 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 forms of sexual conduct described in this § 6-102, if they are depicted so as to affront current standards of decency.
Any person, partnership, corporation or association who commits
or who knowingly acts so as to cause or commit a violation of this
Part 1, or any owner, tenant or occupant of any premises or property
who knowingly permits or allows a violation of this Part 1.
Flagellation or torture by or upon a person who is nude or
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.
Any 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;
Masturbation, excretory functions, and lewd exhibitions of the
genitals, including any 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 the female, whether alone or between members of the same or opposite
sex, or between humans or animals, in an act of apparent sexual stimulation
or gratification;
A device designed and marketable as useful primarily for its
stimulation of the human genital organs;
Male or female genitals in a discernibly turgid state; and
Fellatio, cunnilingus, anal sodomy, seminal ejaculation, or
any excretory function.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
[Ord. 450, 4/10/1985, § 3]
The following businesses or business activity shall be declared
to be prohibited as a public nuisance throughout the Borough of Mohnton:
1.
The operation of a business which has obscene or explicit sexual
materials, as herein defined, as a substantial or significant portion
of its stock-in-trade or which exhibits motion-picture shows, live
performances or any other presentation which, in whole or in part,
depict nudity, sexual excitement, sexual conduct, or sadomasochistic
abuse;
2.
The operation of any massage parlor in which any of the following
activities are carried on:
A.
The treatment of any person of the opposite sex, except upon the
signed order of a licensed physician, osteopath, chiropractor, or
registered physical therapist, which order shall be dated and shall
specifically state the number of treatments, not to exceed 10. The
date and hour of each treatment given and the name of the operator
shall be entered on such order by the establishment where such treatments
are given and shall be given to inspection by police. The requirements
of this provision shall not apply to treatments given in the residence
of a patient, the office of licensed physician, osteopath, or registered
physical therapist, chiropractor, or in a regularly established and
licensed hospital or sanitarium;
B.
The massage of, or physical contact with, the sexual or genital parts
of a person by any other person. Sexual or genital parts shall include
genitals, public area, buttocks, anus or perineum of any person, or
the vulva or breasts of a female; and
C.
The failure to conceal with a fully opaque covering the sexual or
genital parts of the body of any person.
3.
Any adult business, activity or use similar to or of the same general
nature as certain of the uses listed above. This subsection shall
include, but shall not be limited to, rap centers, nude wrestling
studios, sensitivity centers, and escort bureaus.
[Ord. 450, 4/10/1985, § 4]
In the event any person or business should violate or act with intent to violate any provision of this Part 1, the Solicitor for the Borough of Mohnton may institute legal proceedings seeking declaratory judgment that the violations complained of are public nuisances and requesting an injunction from the court restraining said violation or violations. Said injunction may provide for the restraint of possession or public exhibition of lewd motion-picture films and/or lewd publications, lewdness, assignation or prostitution, forfeiture of said films and publications, judgments for costs expended and such other relief as the court may deem proper and/or necessary. Any defendant named in an action commenced under this § 6-104 shall receive written notice and shall have the right to a hearing prior to the issuance of an injunction. The court shall, when practicable, hold a hearing within three days after demand by the Solicitor for the Borough of Mohnton. A written memorandum supporting the decree shall be filed.
[Ord. 450, 4/10/1985, § 5; as amended by Ord. 478, 8/10/1988]
Any person or entity who shall violate any provision of this
Part 1 or who shall fail to comply therewith, shall be guilty of a
summary offense and, upon conviction before the Court of Common Pleas
of Berks County, will be sentenced for each violation to pay a fine
of not more than $300 and costs of prosecution, and/or be sentenced
to a term of imprisonment not to exceed 90 days. The sale of each
individual piece of pornographic material shall constitute a separate
offense punishable by a like fine or penalty.
