[HISTORY: Adopted by the Borough Council of the Borough of Honesdale 12-27-1984
by Ord. No. 486. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 210.
The Borough 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 and 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 Honesdale and of the residents,
citizens, inhabitants and businesses thereof. Accordingly, the Borough 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.
As used in this chapter, the following terms shall have the meanings
indicated:
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.
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 and accomplished by hand or by the 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.
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 honorary diploma;
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection C(1); or
Any studio operated by a tax-exempt, nonprofit corporation devoted to
the development of art and its appreciation.
That which is determined as obscene by 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 depicted or described in a patently offensive way:
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 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 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 state of sexual stimulation or arousal,
or covered male genitals in a discernibly turgid state.
Fellatio, cunnilingus, anal sodomy, seminal ejaculation or any other
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 partnership shall mean the partners or members
thereof, and as applied to corporation shall mean the officers thereof.
Any person who, with knowledge of the character and content, either
sells, gives away, lends, distributes, exhibits, shows, transmutes or offers
either to sell, give away, lend, distribute, exhibit, show or transmute or
has in his or her possession or under his or her control with intent either
to sell, give away, lend, distribute, exhibit, show or transmute to another
any obscene motion-picture film or any obscene literature, book, magazine,
pamphlet, newspaper, storybook, 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 shall be guilty of a summary
offense.
Any person who designs, copies, draws, photographs, prints, utters,
publishes or in any manner manufactures or prepares any obscene motion-picture
film or any obscene book, picture, film, drawing, magazine, pamphlet, newspaper,
storybook, paper, comic book, writing, figure, image, matter, device, article
or instrument of an obscene nature shall be guilty of a summary offense.
Any person who, with knowledge of the character and content, produces,
presents or directs any obscene performance or participates in the portion
thereof which is obscene shall be guilty of a summary offense.
Any person who knowingly participates in, supports or in any way aids
or assists any person in selling, lending, distributing, giving away or showing
any obscene motion-picture film or any obscene literature, book, magazine,
pamphlet, newspaper, storybook, paper, comic book, writing, drawing, photograph,
figure or image or any written or printed matter of an obscene nature or any
device, article or instrument of an obscene nature shall be guilty of a summary
offense.
Any person being the owner of any premises or having control thereof
who knowingly permits within or upon said premises the exhibition, projection
or showing of any motion-picture film, show, presentation or performance of
an obscene nature or permits anyone to sell, lend, distribute, exhibit, give
away or show any obscene literature, book, magazine, pamphlet, newspaper,
storybook, paper, comic book, writing, drawing, photograph, figure or image
or any written or printed matter of an obscene nature or any device, article
or instrument of an obscene nature shall be guilty of a summary offense.
Whoever knowingly writes, prints, publishes or utters or causes 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 who 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 shall be guilty of a summary offense.
No person within the Borough of Honesdale shall willfully or knowingly
engage in the business of selling, lending, giving away, showing, advertising
for sale or distributing to any person under the age of 17 years or have in
his or her possession with intent to engage in said business or to otherwise
offer for sale or commercial distribution to any individual under the age
of 17 years any obscene motion-picture film or any still picture or photograph
or any book, pocketbook, pamphlet or magazine, the cover or content of which
exploits, is devoted to or is principally made up of descriptions or depictions
of illicit sex or sexual immorality or which is obscene or which consists
of pictures of nude or partially denuded figures posed or presented in a manner
to provoke or arouse lust or passion or to exploit sex, lust or perversion
for commercial gain or any device, article or instrument of an obscene nature.
No person within the Borough of Honesdale shall display at newsstands
or any business establishment frequented by minors under the age of 17 years
or where said minors are or may be invited as a part of the general public
any obscene motion-picture film or any still picture or photograph or any
book, pocketbook, pamphlet or magazine, the cover or content of which exploits,
is devoted to or is principally made up of descriptions or depictions of illicit
sex or sexual immorality or which is obscene or which consists of pictures
of nude or partially denuded figures posed or presented in a manner to provoke
or arouse lust or passion or to exploit sex, lust or perversion for commercial
gain or any device, article or instrument of an obscene nature.
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.
Any person, firm or corporation who or which shall violate any provisions
of this chapter shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600, plus costs of prosecution, and in default of payment
thereof shall be imprisoned for a term not to exceed 30 days. Every day that
a violation continues shall constitute a separate offense.
The provisions of this chapter shall be severable. If any court shall
determine that any word, clause, phrase, sentence, paragraph or subsection
of this chapter is unconstitutional as worded, the court shall first attempt
to construe or interpret such unconstitutional provision so as to enable the
same to be constitutional as so narrowed or construed. If the court cannot
so limit or construe such word or provision narrowly so as to render the same
constitutional, it shall strike or modify only the minimum number of words,
phrases, clauses, sentences or paragraphs as will be absolutely necessary
to render the remainder constitutional. In no case shall a subordinate clause
or phrase or word render its attached major section or provision unconstitutional,
but instead shall be severed therefrom entirely, unless such severance renders
the remainder wholly meaningless or unconstitutional.
