678.01 Definitions.
678.02 Findings.
678.03 Declaration of nuisance.
678.04 Displaying, selling and publishing obscene matter.
678.05 Disseminating obscene matter to minors.
678.06 Admitting minors to obscene films or other presentations.
678.07 Sales of obscene matter as condition of business dealings.
678.08 Presumptions; notice or summons and complaint; abatement of nuisance.
678.09 Action to abate nuisance; bond.
678.10 Recovery of cost of abatement.
678.11 Remedies.
678.99 Penalty.
CROSS REFERENCES
Sex offenses - see Crimes Code §§ 3101 et seq.
Incest - see Crimes Code § 4302
Corruption of minors - see Crimes Code § 6301
Sexual abuse of children - see Crimes Code § 6312
Sexual harassment policy - see ADM. 290.06
Adult entertainment establishments - see B.R. & T. Ch. 806
As used in this chapter:
(a) "Community," for the purpose of applying the contemporary community standards in this chapter, means the Commonwealth.
(b) "Explicit sexual materials" means materials which are obscene or:
(1) 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
(2) Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording, which contains any matter enumerated in paragraph (b)(1) hereof, 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.
(c) "Harmful to minors" means that quality or any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sadomasochistic abuse when it:
(1) Predominantly appeals to the prurient, shameful or morbid interest of minors;
(2) Patently is offensive to prevailing standards in the adult community as a whole, with respect to what is suitable material for minors; and
(3) Is utterly without redeeming social importance for minors.
(d) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, or both, into:
(1) The character and content of any material described herein which is reasonably susceptible of examination by the defendant; and
(2) The age of a minor, provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the defendant made a reasonable bona fide attempt to ascertain the true age of such minor.
(e) "Knowledge" or "knowledge of such nuisance" means having knowledge of the contents and character of the patently offensive sexual conduct or other content which appears in the motion picture film, publication or live theater production, or knowledge of the acts of obscenity, assignation or prostitution which occur in any place.
(f) "Live theater production" means any dramatic, musical or comedic production performed in the presence of a live audience.
(g) "Massage" means any 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.
(h) "Massage parlor" means any building, structure or portion thereof, located within the Borough, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.
(i) "Matter" means a motion picture film, live theater production, publication or all three.
(j) "Minor" means any person under the age of seventeen years.
(k) (1) "Model studio" means:
A. Any place where 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 of opportunity to so depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon, the place; or
B. Any place where there is conducted the business of furnishing, providing or procuring, for a fee or other consideration or compensation, or a 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.
(2) "Model studio" does not include:
A. Any studio which is operated by any State college or junior college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating 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; or
B. Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in paragraph (k)(2)A. hereof.
(l) "Motion picture film" shall include any:
(1) Film or plate negative;
(2) Film or plate positive;
(3) Film designed to be projected on a screen for exhibition;
(4) Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
(5) Video tape or any other medium used to electronically reproduce images on a screen.
(m) "Nude" or "nudity" means:
(1) Completely without clothing; or
(2) The human male or female genitals, pubic area or buttocks with less than a full opaque covering, 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.
(n) "Obscene materials" means 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:
(1) The average person, applying contemporary community standards, would find that the subject matter, taken as a whole, appeals to the prurient interest;
(2) The subject matter depicts or describes, in a patently offensive way, sexual conduct of a type described in this subsection; and
(3) The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value.
(o) "Obscene matter" means any matter:
(1) Which the average adult person, applying contemporary community standards, would find, when considered as a whole, appeal to the prurient interest;
(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 or genital area; and
(3) Which, taken as a whole, lacks serious literary, artistic, political, educational, or scientific value.
(p) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(q) "Place" includes, 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.
(r) "Publication" means any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording, or a motion picture film, which is displayed in an area open to the public, offered for sale or exhibited in a coin-operated machine.
(s) "Sadomasochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or a bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
(t) "Sale" means a passing of title or right of possession for valuable consideration, and shall include, 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 transfer of possession of, obscene matter.
(u) "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 exhibitions of the genitals, or the act 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.
(v) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(w) "Transportation facility" means any conveyance, premises or place used for or in connection with public passenger transportation, whether by air, rail, motor vehicle or any other method, including aircraft, watercraft, railroad cars and buses and airport, boat, railroad and bus terminals and stations.
(Ord. 2062. Passed 3-19-90.)
(a) Council finds that the commercial exploitation of explicit sexual conduct through the public exhibition of obscene films and live theater productions, the display and/or sale of obscene publications and the use of so-called massage parlors and model studios for purposes of obscenity, assignation or prostitution constitutes a debasement and distortion of fundamental human sexuality central to family life, community welfare and the development of human personality; and
(b) Council finds that such exploitation adversely affects the quality of life, property values, commerce and the total community environment of the Borough.
(c) Council finds that such activities are detrimental to the best health, safety, convenience, morals and general welfare of the Borough and the citizens and businesses thereof.
(Ord. 2062. Passed 3-19-90.)
(a) Places Exhibiting or Selling Obscene Motion Picture Films, Live Theater Productions or Publications.
(1) Any place in the Borough where obscene motion picture films or live theater productions are publicly exhibited or sold, or possessed for the purpose of such exhibition, and any place in the Borough where obscene publications are publicly disseminated or sold, or possessed for the purpose of such dissemination, is hereby declared a public nuisance.
(2) Any obscene motion picture film or live theater production which is publicly exhibited, and any obscene publication which is publicly displayed, disseminated or sold, or possessed for such purpose, is hereby declared a public nuisance per se.
(3) From and after service on the place described in subsection (a) hereof, its manager or acting manager, or the person then in charge of such place, of a true and correct copy of this section and a true and correct copy of a summons and complaint to abate a nuisance, all monies paid thereafter as admission price to such exhibitions or productions, or as purchase price of such publication, are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
(b) Massage Parlors, Model Studios and Bookstores.
(1) Every massage parlor, model studio or bookstore which, as a regular course of business, is used for the purposes of obscenity, assignation or prostitution, and every such massage parlor, model studio or bookstore in or upon which acts of obscenity, assignation or prostitution are held or occur, is hereby declared a public nuisance which shall be enjoined, abated and prevented.
(2) From and after service on the place described in subsection (a) hereof, its manager or acting manager, or the person then in charge of such place, of a true and correct copy of this section and a true and correct copy of a summons and complaint to abate a nuisance, all monies or other valuable consideration paid for services rendered to customers are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
(Ord. 2062. Passed 3-19-90.)
No person, knowing the obscene character of the materials involved, shall:
(a) Display or cause or permit the display of any explicit sexual materials 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, or in any business or commercial establishment where minors, as a part of the general public or otherwise, are or will probably be exposed to view all or any part of such materials;
(b) Sell, lend, distribute, exhibit, give away or show any obscene materials to any person seventeen years of age or older, or offer to sell, lend, distribute, exhibit or give away or show, or have in his or her possession with intent to sell, lend, distribute, exhibit or give away or show, any obscene materials to any person seventeen years of age or older, or knowingly advertise any obscene materials in any manner;
(c) Design, copy, draw, photograph, print, utter, publish or in any manner manufacture or prepare any obscene materials;
(d) Write, print, publish or 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
(e) Hire, employ, use or permit any minor to do or assist in doing any act or thing mentioned in this section.
(Ord. 2062. Passed 3-19-90.)
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