[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park 7-12-1983 by Ord. No.
990. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 151.
The Council finds that the crass commercial exploitation of
explicit sexual conduct through the public exhibition of obscene films
and the sale of obscene publications and devices and the use of so-called
"massage parlors" and "model studios" for the purpose 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 interest of the public in the quality of life
and total community environment, the tone of commerce in the Borough,
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 of Ridley Park and
of the residents, citizens, inhabitants and businesses thereof. Accordingly,
the Borough of Ridley Park Council hereby declares such activities
to be illegal as hereinafter set forth and further that such activities
are and are hereby declared to be and constitute a public nuisance
and herein establishes penalties for such activities.
In this chapter, the following definitions shall apply:
The standards of the community from which the jury is drawn
or would be drawn if it were the trier of the fact.
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.
That which is determined as obscene, applying the following
guidelines:
Whether the average person applying contemporary community standards
would find that the subject matter taken as a whole appeals to the
prurient interest;
Whether the subject matter depicts or describes in a patently
offensive way sexual conduct of a type hereinafter described; and
Whether the subject matter taken as a whole lacks serious 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 of the following described
forms of sexual conduct if they are depicted so as to affront current
standards of decency:
An 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, 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.
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.
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.
A device designed and marketed as useful primarily for stimulation
of the human genital organs.
Male or female genitals in a discernibly turgid state.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation and
any excretory function.
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.
A.
General.
(1)
No person shall knowingly either sell, rent, distribute, exhibit,
show or transmit or offer either to sell, rent, distribute, exhibit,
show or transmit or have in his possession or under his control with
intent either to sell, rent, distribute, exhibit, show or transmit
to another any obscene motion-picture film or any obscene literature,
book, magazine, pamphlet, newspaper, story book, paper, comic book,
writing, drawing, photograph, figure, image or any written or printed
matter of an obscene nature or any device, article or instrument of
an obscene nature.
(2)
No person shall knowingly participate in, support or in any way aid
or assist any person in selling, renting, distributing or showing
any obscene motion-picture film or any obscene literature, book, magazine,
pamphlet, newspaper, story book, paper, comic book, writing, drawing,
photograph, figure or any device, article or instrument of an obscene
nature.
(3)
No person shall knowingly design, copy, draw, photograph, print,
utter, publish or in any manner manufacture or prepare any obscene
motion-picture film or any obscene book, picture, film, drawing, magazine,
pamphlet, newspaper, story book, paper, comic book, writing, figure,
image, matter, device, article or instrument of an obscene nature.
(4)
No person shall knowingly produce, present or direct any obscene
performance or participate in the portion thereof which is obscene.
(5)
No person, being the owner of any premises or having control thereof,
shall knowingly permit within or upon said premises the exhibition,
projection or showing of any motion-picture film, show, presentation
or performance of an obscene nature or permit anyone to sell, rent,
distribute, exhibit, give away or show any obscene literature, book,
magazine, pamphlet, newspaper, story book, paper, comic book, writing,
drawing, photograph, figure or image or any written or printed matter
of an obscene nature.
(6)
No person shall knowingly write, print, publish or utter or cause
to be printed, published or uttered any advertisement or notice of
any kind giving information directly or indirectly, stating or purporting
to state where, how or by whom or by what means any obscene motion-picture
film, picture, book, writing, paper, comic book, figure, image, matter,
article or thing of an obscene nature can be seen, purchased, obtained
or had.
B.
Minors.
(1)
No person within the Borough of Ridley Park shall display at newsstands or at any other business establishment frequented by minors under the age of 18 years, or where said minors are or may be invited as a part of the general public or where they may view the same, any material depicting the acts specified in § 142-2, definition of "patently offensive," Subsections A through G inclusive, of male or female buttocks or genitals or the female breast below a point immediately above the top of areola.
(2)
In addition to any other violations or penalties prescribed herein, any person in the Borough of Ridley Park who has in his possession or under his control with intent to sell, rent, distribute, exhibit, show or transmit to another any obscene motion-picture film or any obscene literature, book, magazine, pamphlet, newspaper, story book, paper, comic book, writing or any other written or printed matter containing photographs or photographic images depicting children under the age of 17 years participating, performing or observing any of the acts defined in § 142-2, definition of "patently offensive," shall be guilty of a summary offense and, upon conviction thereof, shall be sentenced to pay a fine not exceeding $600 or to undergo imprisonment for a period not exceeding 30 days, or both, in addition to any other penalties imposed.
[Amended 10-21-2003 by Ord. No. 1131]
(3)
Any obscene literature or film displaying or presenting pictures,
photographs or photographic images depicting prepubescent children
exhibiting underdeveloped genitalia or breasts shall be a per se violation
of the provisions of this section without further proof of age.
C.
Massage parlors and model studios.
(1)
No person shall own, operate or maintain any massage parlor or model
studio which, as a regular course of business, is used for the purpose
of lewdness, assignation or prostitution, and every such massage parlor
or model studio in or upon which acts of lewdness, assignation or
prostitution are held or occur is declared to be a public nuisance.
(2)
MASSAGE
MASSAGE PARLOR
MODEL STUDIO
(a)
[1]
[2]
(b)
[1]
[2]
[3]
Definitions. As used in this Subsection C, the following terms shall have the meanings indicated:
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.
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.
Includes:
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, 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 premises; or
Any premises 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.
Exception. The words "model studio" do not include:
Any studio which is operated by any college or junior college,
public school or any 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 an honorary diploma.
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection (b)[1] of this definition.
Any studio operated by a tax-exempt, nonprofit corporation devoted
to the development of art and its appreciation.
Upon observing or receiving notice of a potential violation
of this chapter, the Borough shall conduct an investigation to determine
whether legal action shall be taken. If the Borough determines that
there is reason to believe that a violation of this chapter has occurred
or is continuing to occur, the Borough shall continue its investigation
in order to provide a District Justice with sufficient facts to establish
probable cause that this chapter has been violated and to enable the
District Justice to issue the appropriate process. The facts establishing
probable cause shall be assembled according to the following procedure:
A.
Obscene articles available for purchase. The Borough Manager or his
designate shall purchase the allegedly obscene articles, prepare a
citation for each article purchased and present the article and the
citation to a District Justice, requesting the Justice to issue the
appropriate process.
B.
Obscene films.
(1)
If an allegedly obscene film is not available for purchase or rental,
a Code Enforcement Officer shall prepare a search warrant for the
seizure of the film. After the search warrant has been issued, the
officer shall confiscate the film described in the search warrant,
prepare a citation and present the film and the citation to a District
Justice, requesting the Justice to issue the appropriate process.
(2)
If the film seized is the only copy available, the officer shall
request the District Justice who issued the search warrant to allow
the copying of the film. The original film shall be returned to the
owner as soon as possible after review by the District Justice and
after it has been copied pursuant to the Justice's authorization.
C.
Obscene live performances. An officer shall observe the allegedly
obscene performance, prepare a citation and present the citation to
a District Justice, requesting the Justice to issue the appropriate
process.
[Amended 10-21-2003 by Ord. No. 1131]
In addition to any other penalties specifically provided, any
person violating any provision of this chapter shall be guilty of
a summary offense and, upon conviction thereof, shall be sentenced
to pay a fine not exceeding $600 or to undergo imprisonment for a
period not exceeding 30 days, or both.
