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.
SPECIFIED ANATOMICAL AREAS
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.
SPECIFIED SEXUAL ACTIVITIES
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.
The Penn Township Police Department shall enforce the provisions
of this chapter.