[HISTORY: Adopted by the Borough Council of the Borough of
Dalton 2-17-2003 by Ord. No. 3-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 259.
A.
No person shall knowingly or intentionally, in a public place:
B.
No establishment licensed to sell or serve alcoholic liquors or alcoholic
or malt or brewed beverages, or establishments known as bottle clubs,
or any establishment of any kind where alcoholic liquors or alcoholic
or malt or brewed beverages are sold, served or consumed on the premises,
or the operators, servants, agents, or employees of the same, shall
knowingly permit on the premises of such establishment or in any place
operated in connection therewith any lewd, immoral or improper acts
or conduct as described herein below.
C.
No establishment of any kind, or the operators, servants, agents,
or employees of the same, shall knowingly permit on the premises of
such establishment or in any place operated in connection therewith
any erotic dancing or nude dancing, unless the following restrictions
are adhered to:
(1)
No person shall perform any nude or erotic dancing within 20 feet
of any patrons.
(2)
No person performing any nude or erotic dancing shall have any physical
contact, including but not limited to lap dancing or other similar
acts, with any patron or any other person, or other dancer or performer,
before during or after any performance, or at any time on the premises.
This section shall include simulation.
(3)
No person shall perform any nude or erotic dancing for the payment
of money or other value or consideration or gratuity from any patron
or any other person at any time on the premises, other than the employer
of said nude or erotic dancer.
(4)
No person shall perform any nude or erotic dancing before 10:00 p.m.
or after 1:00 a.m.
(5)
No person or establishment shall knowingly exhibit for monetary consideration
to a minor or knowingly sell to a minor an admission ticket or pass
or knowingly admit a minor for a monetary consideration to premises
whereon there is exhibited a motion picture show, or nude or erotic
dancing or other presentation or performance which, in whole or in
part, depicts nudity or sexual conduct and which is harmful to minors.
(6)
No person or other establishment shall employ or use any person in the sale and service of alcoholic beverages while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the anatomy described in § 127-2, definition of "lewd, immoral or improper acts or conduct," Subsection C.
(7)
No nude or erotic dancing shall be performed at any establishment
that is located within 500 feet of any private residence, church,
public park, public building or school.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment operated for profit or pecuniary gain, which
admits patrons upon a payment of a fee, has a capacity of the assemblage
of 20 or more persons, and in which alcoholic liquors, alcohol or
malt or brewed beverages are not legally sold, but where alcoholic
liquors, alcohol or malt or brewed beverages are either provided by
the operator or agents or employees of the operator for consumption
on the premises, or are brought into or kept at the establishment
by the patrons or persons assembling there for use and consumption.
The term shall not include a licensee under the Act of April 12, 1951
(P.L. 90, No. 21), known as the Liquor Code, or any organization as
set forth in Section 6 of the Act of December 19, 1990 (P.L. 1200,
No. 202), known as the Solicitation of Funds for Charitable Purposes
Act.
[Amended 10-11-2007 by Ord. No. 6-2007]
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement when it:
Predominately appeals to the prurient, shameful or morbid interest
of minors; and
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors; and
Taken as a whole, lacks serious literary, artistic, political,
educational or scientific value for minors.
Having general knowledge of, or reason to know, or a belief
or ground for belief which warrants further inspection or inquiry
or both:
The character and content of any material or performance described
herein which is reasonably susceptible of examination by the defendant;
and
The age of the minor; provided, however, that an honest mistake
shall constitute an excuse from liability hereunder if the defendant
made a reasonable bona fide attempt to ascertain the true age of such
minor.
Includes, but is not limited to, the following acts of conduct:
Acts or simulated acts of sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, flagellation or excretion or
any sexual acts which are prohibited by law.
Any person being touched, caressed or fondled on the buttocks,
anus, vulva, genitals or female breasts. This subsection includes
simulation.
Scenes wherein a person displays or exposes to view any portion
of the pubic area, anus, cleft of the buttocks, vulva, genitals or
any portion of the female breast directly or laterally below the top
of the areola. This subsection includes simulation.
Employment or use of any person in the sale and service of alcoholic beverages while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the anatomy described in Subsection C of this definition.
Employment or use of the services of a person while the person is unclothed or in such attire as to expose to view any portion of the anatomy described in Subsection C of this definition.
Permitting any person on the premises to touch, caress or fondle
the buttocks, anus, vulva, genitals or female breasts of any other
person.
Permitting any person on the premises while such person is unclothed or in such attire as to expose to view any portion of the anatomy described in Subsection C of this definition.
Permitting any person to wear or use any device or covering
exposed to view which simulates the human buttocks, anus, vulva, genitals
or female breasts.
Any person under the age of 18 years.
The showing of human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, the showing of
the female breast with less than a fully opaque covering of any part
of the nipple, or the showing of covered male genitals in a discernibly
turgid state.
Acts of masturbation, homosexuality, sexual intercourse,
sexual bestiality or physical contact with a person's clothed
or unclothed genitals, pubic area, buttocks or, if such person be
a female, breast.
The condition of human male or female genitals when in a
state of sexual stimulation or arousal.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to undergo imprisonment for not more than 30 days, provided
that each violation of any provision of this chapter and each day
the same is continued shall be deemed a separate offense.
In the event any of the unlawful and illegal activities specified
herein are conducted by or in the name of a corporation, partnership,
joint venture, trust, firm or association, in addition to (corporate)
entity liability, the officers, agents or principals of said corporation,
partnership, joint venture, trust, firm or association shall be deemed
in violation of this chapter, as well as the person or persons engaged
in the unlawful activity and upon conviction thereof, be guilty of
a summary offense and sentenced to pay a fine of not more than $1,000
and costs of prosecution and/or to undergo imprisonment for not more
than 30 days, provided that each violation of any provision of this
chapter and each day the same is continued shall be deemed a separate
offense.
Any building or part of a building used in violation of this
chapter is hereby declared to be a common nuisance. The Borough is
hereby authorized to institute an action to enjoin any person or entity
that is in violation of this chapter from continuing to operate his/its
establishment in the Borough, and to enjoin any person or entity from
committing any act which violates any provision of this chapter.
The unlawful activities specified herein shall constitute separate
and distinct offenses for each and every day in which said activities
are conducted.
This chapter is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, § 1005, known as the Borough Code, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
