Township of Penn, PA
York County
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[HISTORY: Adopted by the Board of Commissioners of Penn Township 5-16-1983 by Ord. No. 279 (Ch. 53 of the 1975 Code). Amendments noted where applicable.]
The definitions as set forth in Chapter 142, the Penn Township Ordinance of Definition, are hereby incorporated into this chapter. In addition, the following definitions shall apply:
CONTROLLED SUBSTANCE
Any drug, substance or immediate precursor, as defined in Schedules I through V of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
DRUG PARAPHERNALIA
Any object, device, instrument, apparatus or contrivance whose primary and traditionally exclusive use is in connection with the illegal use of any and all controlled substances under the laws of the Commonwealth of Pennsylvania.
HEAD SHOP
Any business, the operation of which involves the sale, lease, trade or display for sale of any and all types of drug paraphernalia.
IMMEDIATE PRECURSOR
Any substance which under the regulations of the Pennsylvania Department of Health is a principal compound commonly used or produced primarily for use and which is an immediate chemical intermediary used in the manufacture of a controlled substance.
MASSAGE
Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, caressing or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
NUDITY
Uncovered, or less than opaquely covered, postpubertal human genitals or pubic area, the postpubertal human female breast below a point immediately above the top of the areola or the covered human male genitals in a discernibly turgid state. For the purpose of this definition, a female breast is considered uncovered if the nipple only or the nipple and areola only are covered.
PANDER
Advertising or propagandizing in connection with the sale of material, the offering of a service or the presentation or exhibition of a performance by appealing to the prurient interest of potential customers.
PORNOGRAPHY
That which, to the average person applying contemporary community standards when considered as a whole, has as its dominant theme or purpose an appeal to prurient interest. Any movie film, movie tape, video cassette, magazine, picture, drawing, photograph, image, figure, writing, sound recording, article, instrument or other publication and any mechanical or electronic gadget, implement or device to sexually stimulate shall be obscene within the meaning of this chapter if it is established that:
A. 
The dominant theme of the material, taken as a whole, appeals the prurient interest.
B. 
The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters.
C. 
Taken as a whole, the material does not have serious literary, artistic, political or scientific value.
PRURIENT INTEREST
Desire or craving for sexual stimulation or gratification. In determining "prurient interest," the material or performance shall be judged with reference to average persons, unless it appears from the character of the material or performance that it is designed to appeal to the prurient interest of a particular group of persons, including but not limited to homosexuals or sadomasochists.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or clad in undergarments or in a sexually revealing or bizarre costume, or the condition of such person being fettered, bound or otherwise physically restrained, in an apparent act of sexual stimulation or gratification.
SEXUAL OR GENITAL AREA
Includes the genitals, pubic area, penis, scrotum, vulva, perineum, anus, buttocks or vaginal cavity.
SEXUAL STIMULATION
The facial expressions, movements, utterances or other responses of a human male or female, whether alone or with others, whether clothed or not, who is in an apparent state of sexual stimulation or arousal or experiencing the physical or sensual reactions of humans engaging in or witnessing sexual conduct.
A. 
Human genital organs and pubic regions, male and/or female.
B. 
Human buttocks, male and/or female.
C. 
Human female breasts below a level immediately above the top of the areola.
A. 
Human male genital organ in a discernibly turgid state of sexual stimulation or arousal.
B. 
Acts of human sexual intercourse, human masturbation, human sodomy, deviate sexual intercourse between human beings or human sexual intercourse with an animal.
C. 
Fondling, indecent contact or other erotic touching of specified anatomical areas.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
It shall be unlawful for any person as defined herein to use or occupy any building, structure or premises as an adult bookstore or massage parlor.
B. 
In no instance shall the operation of any business commonly known as a "head shop," which involves, in whole or in part, the sale, lease, trade or display for sale of any and all types of drug paraphernalia, as defined herein, be permitted in any zone in the Township.
C. 
It shall be unlawful to operate any business which has pornographic materials, as defined herein, as a substantial or a significant portion of its stock-in-trade in any district.
D. 
In no instance shall the operation of a massage parlor in which any of the following activities are carried on be permitted in the Township:
(1) 
The treatment of any person of the opposite or same sex, except upon the signed order of a licensed physician, osteopath, chiropractor or registered physical therapist, which order shall be dated and shall specifically state the number of treatments. The date and hour of each treatment given and the name of the person or persons giving the treatment shall be entered on such order by the establishment where such treatments are given and shall be available for inspection by the police. The requirements of this provision shall not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath or registered physical therapist, chiropractor or in a regularly established and licensed hospital or sanitorium.
(2) 
The massage of, or physical contact with, the sexual or genital parts of one person by any other person.
(3) 
The exposure of the sexual or genital parts of the body of any person.
E. 
Promoting pornography.
(1) 
It shall be unlawful for any person to promote pornography. A person commits the offense of promoting pornography if, knowing its content and character, he:
(a) 
Disseminates or causes to be disseminated any pornographic material in or from a public place or vehicle, or for valuable consideration; has in his possession any pornographic material with intent to so disseminate; or knowingly allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him for such dissemination of pornographic material;
(b) 
Sells an admission ticket or pass to premises where there is being exhibited or is about to be exhibited material or a performance which is pornographic;
(c) 
Admits, by accepting a ticket or pass, a person to premises where there is being exhibited or is about to be exhibited material or a performance which is pornographic;
(d) 
Produces, presents, directs or knowingly allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him to be used for a pornographic performance before an audience;
(e) 
Participates in that portion of a live performance before an audience which makes it pornographic; or
(f) 
Panders, displays publicly or disseminates door to door any pornographic material or performance or causes such pandering, public display or door-to-door dissemination.
(2) 
For the purpose of this section, possession of two or more identical copies of any pornographic material by any person engaged in the business of disseminating material, as defined above, shall be prima facie evidence of possession with intent to disseminate for valuable consideration.
A. 
Any person violating this chapter shall be guilty of and liable for a summary offense and, upon conviction before a Magisterial District Judge, shall be sentenced and ordered to pay a fine not exceeding $300 and the cost of the action or be imprisoned in the county jail for a term not exceeding 30 days, or both.
B. 
Each day that the provisions of this chapter are violated by any person, as defined herein, shall be a separate and distinct violation of this chapter.
The Penn Township Police Department shall enforce the provisions of this chapter.