As used in this chapter, the following definitions shall apply:
(a) COMMUNITY STANDARDS - The standards of the community from which the jury is drawn or would be drawn if it were the trier of the fact.
(b) KNOWINGLY - 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.
(c) MASSAGE - 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 use of any instrument.
(d) MASSAGE PARLOR - Any building or structure or portion thereof located within the Township which is open to the general public, with or without the payment of a fee, at which massage services are offered.
(e) MODEL STUDIO - 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, sculpted, 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, for permission to remain upon or as a condition for remaining upon the premises; or 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, sculpted, photographed or otherwise similarly depicted.
The words "model studio" do not include:
(1) Any studio which is operated by any college or junior college, public school or governmental agency wherein the person, firm, association, partnership or corporation operating it has met the requirements of the Commonwealth of Pennsylvania 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 paragraph (e)(1) hereof.
(3) Any studio operated by a tax exempt, non-profit corporation devoted to the development of art and its appreciation.
(f) OBSCENE - That which is determined to be obscene, applying the following guidelines:
(1) Whether the average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest.
(2) Whether the subject matter depicts or describes in a patently offensive way sexual conduct of a type hereinafter described.
(3) Whether the subject matter taken as a whole lacks serious literary, artistic, political or scientific value.
(g) PATENTLY OFFENSIVE - 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 they are depicted so as to affront current standards of decency:
(1) An act of sexual intercourse, normal or perverted, actual or simulated, real or animated, including genital-genital, anal-genital or oral-genital intercourse, between human beings or between a human being and an animal.
(2) Sadomasochistic abuse meaning flagellation or torture or sexual gratification by or upon a person who is nude or clad in undergarments or in a revealing costume, or the condition of being fettered, bound or otherwise physically restrained on the part of the one so clothed.
(3) Masturbation, excretory functions and lewd exhibition of the genitals, including any explicit close-up representation of a human genital organ or spread-eagle exposure of female genital organs.
(4) 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 and animals in an act of apparent sexual stimulation or gratification.
(5) A device designed and marketed as useful primarily for stimulation of the human genital organs.
(6) Male or female genitals in a discernibly turgid state.
(7) Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any excretory function.
(h) PERSON - 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 a corporation shall mean the officers thereof.
(Ord. 88-6. Passed 12-19-88.)