[HISTORY: Adopted by the Board of Supervisors of the Township of Kidder 12-11-1984 by Ord. No. 43. Amendments noted where applicable.]
Zoning — See Ch. 180.
No person knowing the obscene character of the materials involved shall, within the Township of Kidder:
Display or cause or permit the display of any obscene materials or explicit sexual materials as defined in § 125-2 of this chapter in or on any window, showcase, newsstand, display rack, billboard, display board, viewing screen, motion picture screen, marquee or similar place in such manner that the display is visible from any public street, highway, sidewalk, transportation facility or other public thoroughfare;
Sell, lend, distribute, exhibit, give away or show any obscene materials to any person 18 years of age or older or offer to sell, lend, distribute, exhibit or give away or show, or have in his possession with intent to sell, lend, distribute, exhibit or give away or show any obscene materials to any person 18 years of age or older, or knowingly advertise any obscene materials in any manner;
Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials;
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; or
Hire, employ, use or permit any minor child to do or assist in doing any act or thing mentioned in this section.
As used in this chapter, the following words and phrases shall have the following meanings:
- For the purpose of applying the "contemporary community standards" in this section, “community” means the Township of Kidder, Carbon County, Pennsylvania.
- CONTROLLED SUBSTANCE
- A drug, substance or immediate precursor as defined in Schedules 1 through 5 of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
- DRUG PARAPHERNALIA
- Any objects, devices, instruments, apparatus or contrivances whose primary and traditionally exclusive use is involved with the illegal use of any and all controlled substances under the laws of Pennsylvania.
- HEAD SHOP
- Any business, the operation of which involves the sale, lease, trade, gift or display for sale, of any and all types of drug paraphernalia.
- IMMEDIATE PRECURSOR
- A substance which under the regulations of the Pennsylvania Department of Health is a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled substance.
- As used in § 125-1, “knowing” means 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 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 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.
- MASSAGE PARLOR
- Any establishment 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 years.
- The showing of the human male or female genitals, pubic area, or buttocks with less than a fully 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 depiction of covered male genitals in a discernibly turgid state.
- OBSCENE MATERIALS
- Any literature, including any book, magazine, pamphlet, newspaper, storypaper, comic book or writing, and any figure, visual representation or image, including any drawing, photograph, picture or motion picture, if:
- A. The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest;
- B. The subject matter depicts or describes in a patently offensive way sexual conduct of a type described in this section; and
- C. The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
- SADOMASOCHISTIC ABUSE
- 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.
- SEXUAL CONDUCT
- As used in § 125-1, “sexual conduct” means patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated, and patently offensive representations or descriptions of masturbation, excretory functions and lewd exhibition of the genitals. As used in § 125-2, “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.
- SEXUAL EXCITEMENT
- The condition of human male or female genitals when in a state of sexual stimulation or arousal.
- TRADITIONALLY EXCLUSIVE USE
- A use which is primary and inherent as opposed to secondary and incidental, and is associated with certain knowledge or beliefs derived from statements of contemporary persons and handed down through a considerable period of time.
- TRANSPORTATION FACILITY
- Any conveyance, premises or place used for or in connection with public passenger transportation, whether by motor vehicle or any other method, including buses, and railroad and bus terminals and stations.
No person shall knowingly disseminate by sale, loan or otherwise explicit sexual materials to a minor. "Explicit sexual materials," as used in this section, means materials which are obscene or:
Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts nudity, sexual conduct, or sadomasochistic abuse and which is harmful to minors; or
Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in Subsection A, or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
The following businesses shall be prohibited throughout the Township of Kidder insofar as not inconsistent with the applicable Zoning Ordinances of the Township:
The operation of a business which has obscene materials or explicit sexual materials as defined above as a substantial or significant portion of its stock-in-trade or which exhibits motion picture shows, live performances or any other presentations which, in whole or in part, depict nudity, sexual excitement, sexual conduct, or sadomasochistic abuse.
The operation of any massage parlor in which any of the following activities are carried on:
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 a licensed physician, osteopath, or registered physical therapist, chiropractor, or in a regularly established and licensed hospital or sanitarium.
The massage of, or physical contact with, the sexual or genital parts of one person by any other person. Sexual or genital parts shall include the genitals, pubic area, buttocks, anus, or perineum of any person, or the vulva or breasts of a female.
The failure to conceal with a fully opaque covering the sexual or genital parts of the body of any person.
The operation of any business which involves, in whole or in part, the sale, lease, trade, gift, or display for sale, of any and all types of drug paraphernalia, as defined herein.
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, all of which exclude minors by virtue of age as patrons thereof.
The Solicitor of the Township of Kidder may institute proceedings in equity in the Court of Common Pleas of Carbon County when any person violates or clearly is about to violate this chapter for the purpose of enjoining such violation. The Court shall issue an injunction only after written notice and hearing and only against the defendant to the action. The Court shall, when practicable, hold a hearing within three days after demand by the Solicitor for the Township of Kidder. A written memorandum supporting the decree shall be filed.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.