[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:
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.
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.
Any business, the operation of which involves the sale, lease,
trade or display for sale of any and all types of drug paraphernalia.
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.
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.
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.
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.
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:
The dominant theme of the material, taken as a whole, appeals
the prurient interest.
The material is patently offensive because it affronts contemporary
community standards relating to the description or representation
of sexual matters.
Taken as a whole, the material does not have serious literary,
artistic, political or scientific value.
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.
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.
Includes the genitals, pubic area, penis, scrotum, vulva,
perineum, anus, buttocks or vaginal cavity.
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.
Human male genital organ in a discernibly turgid state of sexual
stimulation or arousal.
Acts of human sexual intercourse, human masturbation, human
sodomy, deviate sexual intercourse between human beings or human sexual
intercourse with an animal.
Fondling, indecent contact or other erotic touching of specified
anatomical areas.
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.
