(a) "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, publications or live theatre production, or knowledge of the acts of lewdness and/or obscenity, assignation, or prostitution which occur in any place.
(b) "Lewd and or obscene" matter means 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 genital area.
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.
(c) "Live theatre production" means any dramatic, musical or comedic production performed in the presence of a live audience.
(d) "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.
(e) "Massage parlor" means any building or 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.
(f) "Matter" means a motion picture film, live theatre production, publication, or all three.
(g) "Model studio" means:
(1) 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 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 place; or
(2) Any place where there is conducted the business of furnishing or providing or procuring, for a fee or other consideration or 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.
(3) Exception. The words "model studio" do 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 of Pennsylvania 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 subsection (3)(g)A. hereof.
(h) "Motion picture film" includes any:
(1) Film or plate negative;
(2) Film or plate positive;
(3) Film designated to be projected on a screen for exhibition;
(4) Films, glass slides or transparencies, either in negative or positive form, designated for exhibition by projection on a screen;
(5) Video tape or any other medium used to electronically reproduce images on a screen.
(i) "Nude" includes:
(1) Completely without clothing; or
(2) 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.
(j) "Person" means any individual, partnership, firm, association, corporation or other legal entity.
(k) "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.
(l) "Publication" includes 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.
(m) "Sale" means a passing of title or right of possession from a seller to a buyer 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 lewd and/or obscene matter.
(Ord. 2031. Passed 11-19-79.)