[HISTORY: Adopted by the Board of Commissioners of the Township
of Stowe as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-14-1980 by Ord. No. 646 (Ch. 13, Part 9A, of the 1993 Code
of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
Having knowledge of the contents and character of the patently
offensive sexual conduct or other content which appears in the motion-picture
film, publication, or live theatre production, or knowledge of the
acts of obscenity, assignation, or prostitution which occur in any
place.
Any dramatic, musical or comedic production performed in
the presence of a live audience.
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, accomplished
by hand or by the use of any instrument.
Any building or structure or portion thereof, located within
the Township, which is open to members of the general public, with
or without the payment of a fee, at which massage services are offered.
A motion-picture film, live theatre production, publication,
or all three.
Any place where 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 place; or
Any place 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 state college or junior
college, public or private school, or any governmental agency wherein
the person, firm, association, partnership or corporation so operating
has met the requirements established by 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; or
Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection C(1) of this definition.
Any:
Film or plate negative.
Film or plate positive.
Film designed to be projected on a screen for exhibition.
Films, glass slides or transparencies, either in negative or
positive form, designed for exhibition by projection on a screen.
Videotape or any other medium used to electronically reproduce
images on a screen.
Includes:
Completely without clothing; or
With the human male or female genitals, pubic area or buttocks
with less than a full opaque covering or the showing of the female
breast with less than a fully opaque covering of any portion thereof
below the top of the nipple, or the covered male genitals in a discernibly
turgid state.
Any matter:
Any individual, partnership, firm, association, corporation
or other legal entity.
Includes, but is not limited to, any building, structure
or space, or any separate part or portion thereof, whether permanent
or not, or the ground itself.
Any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording, or a motion-picture film which
is displayed in an area open to the public, offered for sale or exhibited
in a coin-operated machine.
A passing of title or right of possession from a seller to
a buyer for valuable consideration, and shall include, but is not
limited to, any lease or rental arrangement or other transaction wherein
or whereby any valuable consideration is received for the use of,
or transfer of possession of, obscene matter.
A.
Any and every place in the Township where obscene motion-picture
films or live theater productions are publicly exhibited or possessed
for the purpose of such exhibition, and any and every place in the
Township where obscene publications are publicly disseminated or sold,
or possessed for the purpose of such dissemination, is a public nuisance.
B.
Any and every obscene motion-picture film or live theatre production
which is publicly exhibited, and any and every obscene publication
which is publicly displayed, disseminated or sold, or possessed for
such purpose, is a public nuisance per se.
C.
From and after service on the place, or its manager, or acting manager,
or person then in charge of such place, of a true and correct copy
of this article and a true and correct copy of the summons and complaint
to abate a nuisance, all monies paid thereafter as admission price
to such exhibitions or productions, or purchase price of such publications,
are also declared to be a public nuisance, as personal property used
in conducting and maintaining a declared public nuisance.
A.
Every massage parlor or model studio which, as a regular course of
business, is used for the purposes of obscenity, assignation, or prostitution,
and every such massage parlor or model studio in or upon which acts
of obscenity, assignation, or prostitution are held or occur is a
public nuisance which shall be enjoined, abated and prevented.
B.
From and after service on the place, or its manager, or acting manager,
or person then in charge of such place, of a true and correct copy
of this article and a true and correct copy of the summons and complaint
to abate a nuisance, all monies or other valuable consideration paid
for services rendered to customers are also declared to be a public
nuisance, as personal property used in conducting and maintaining
a declared public nuisance.
A.
Upon and after receiving notice through service of a true and correct copy of this article and a true and correct copy of the summons and complaint to abate a nuisance or notice by the Township Solicitor of the character of the obscene film, production, publication, or place, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in the Township which is declared to be a public nuisance as set forth and stated in § 444-2 or 444-3 of this article is deemed to be a person who has knowledge of such nuisance for the purpose of this article and may, thereafter, be responsible for its maintenance, and liable therefor.
A.
The Township Solicitor or any citizen of the Commonwealth of Pennsylvania
resident within the Township may maintain an action of an equitable
nature in the name of the Township upon the relation of such Township
Solicitor or citizen to abate a nuisance.
B.
No bond shall be required of the Township Solicitor. If such action
is instituted by a private citizen, a bond shall be required in the
amount of not less than $500 to secure to the defendants the proximate
damages which may be sustained, including attorney's fees, if
any court finds that there were no reasonable grounds for said action.
C.
The Township Solicitor shall have the right to present arguments
and authorities on behalf of either party.
A.
Money damages may be recovered:
(1)
For compensation for loss or harm suffered in person or property
by the Township or private citizen flowing from such nuisance; and
(2)
As exemplary or punitive damages for the sake of example or to punish
the offender, where it is shown that the offender has been guilty
of malice. "Malice" means an intent to do a wrongful act; that is,
an intent to maintain, permit, or allow a nuisance to exist.
B.
Preliminary and permanent injunctions may be issued to prevent the
further maintenance of a nuisance and to prevent the further sale
or exhibition of obscene motion-picture films, live theatre productions
and publications. The procedures for obtaining such injunctions shall
be governed by the rules of civil procedure, preserving the right
of trial by jury upon the application for permanent injunction.
(1)
Upon the application for preliminary injunction, the court shall
set the matter for a hearing no earlier than two days and no later
than five days from the date of service of the summons and complaint.
(2)
Upon the trial on the merits of the permanent injunction, if the
court finds a place to be a nuisance, the court may issue an order
closing the place to all uses and purposes for the period of one year.
If the offenders or persons owning, in control, or in charge of such
place certify that the nuisance has been abated and that the films,
productions, or publications found to be obscene shall not be exhibited,
sold or otherwise disseminated and, at the discretion of the court,
post a bond in an amount not to exceed the value of the personal property
possessed or contained at such place for the maintenance of the nuisance,
the court may release such person or persons from the closure order.
The release shall remain in effect for one year or until the nuisance
is found to exist at the place before the expiration of one year.
The bond shall be deposited with the court prior to the release of
any closure order and shall be returned to the person posting said
bond, without interest, at the expiration of one year, provided that
the nuisance is not maintained or reestablished within that year.
A.
If the existence of the nuisance is established on the trial, a judgment
shall be entered which shall permanently enjoin the defendants, and
any other person with notice or knowledge of the action and judgment,
from maintaining the nuisance at said place and the defendants from
maintaining such nuisance elsewhere, and the entire expense of such
abatement action shall be recovered by the plaintiff as part of his
costs.
B.
Cost of abatement.
(1)
The cost of abatement shall include the following:
(2)
Such cost of abatement may be made a special assessment against the
place or the parcel of land upon which such place is located. Upon
its determination in a civil action, such shall, by separate legal
proceeding, be made a lien against such property and a personal obligation
against any person, and shall be collected at the same time and in
the same manner as ordinary municipal taxes are collected, and shall
be subject to the same penalties and the same procedure and sale in
the case of delinquency as provided for ordinary municipal taxes.
All laws applicable to the levy, collection and enforcement of municipal
taxes shall be applicable to such special assessment.
C.
Upon judgment for the plaintiff in legal proceedings brought pursuant to this article, an accounting shall be made by such defendant or defendants of all monies or valuable consideration received by them which have been declared to be a public nuisance under § 444-2 or 444-3 of this article. Such monies or their equivalent and any valuable consideration received shall be forfeited to the general fund of the Township or to the Township as property of the Township if any valuable consideration received be not money.
[Adopted 11-15-1994 by Ord. No. 772 (Ch. 13, Part 9B, of the 1993 Code
of Ordinances)]
No person, knowing the obscene character of the materials or
performance involved, shall:
A.
Display or cause or permit the display of any obscene materials in
or on any window, showcase, newsstand, display rack, billboard, display
board, viewing screen, motion-picture screen marquee or similar place
in such manner that the display is visible from any public street,
highway, sidewalk, transportation facility or other pubic thoroughfare.
B.
Sell, lend, distribute, exhibit, give away or show any obscene materials
to any person 17 years of age or older or offer to sell, lend, distribute,
exhibit or give away or show, or have in his possession with intent
to sell, lend, distribute, exhibit, or give away, or show any obscene
materials to any person 17 years of age or older or knowingly advertise
any obscene materials in any manner.
C.
Design, copy, draw, photograph, print, utter, publish or in any manner
manufacture or prepare any obscene materials.
D.
Write, print, publish, utter or cause to be written, printed, published
or uttered any advertisement or notice of any kind giving information,
directly or indirectly, stating or purporting to state where, how,
from whom or by what means any obscene materials can be purchased,
obtained or had.
E.
Produce, present or direct any obscene performance or participate
in a portion thereof that is obscene or that contributes to its obscenity.
F.
Hire, employ, use or permit any minor child to do or assist in doing
any act or thing mentioned in this section.
As used in this article, the following words and phrases shall
have the meanings given to them in this section:
For the purpose of purpose of applying the contemporary community
standards in this article, "community" means the state.
Any literature, including any book, magazine, pamphlet, newspaper,
story paper, comic book or writing, and any figure, visual representation,
or image, including any drawing, photograph, picture or motion picture.
Any material, materials or performance is obscene if:
The average person, applying contemporary community standards,
would find that the subject matter, taken as a whole, appeals to the
prurient interest.
The subject matter depicts or describes in a patently offensive
way sexual conduct of a type described in this section.
The subject matter, taken as a whole, lacks serious literary,
artistic, political, educational or scientific value.
Any play, dance or other live exhibition performed before
an audience.
Patently offensive representation or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated and patently
offensive representations or descriptions of masturbation, excretory
functions and lewd exhibitions of the genitals.
Any conveyance, premises or place used for or in connection
with public passenger transportation, whether by air, rail, motor
vehicle or any other method, including aircraft, watercraft, railroad,
cars, buses, and air, boat, railroad and bus terminals and stations.
No person shall knowingly disseminate by sale, loan or otherwise
explicit sexual materials to a minor. "Explicit sexual materials,"
as used in this section, means materials which are obscene or:
A.
Any picture, photography, drawing, sculpture, motion-picture film
or similar visual representation or image of a person or portion of
the human body which depicts nudity, sexual conduct or sadomasochistic
abuse and which is harmful to minors.
B.
Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in Subsection A, or explicit and detailed verbal descriptions, or narrative accounts of sexual excitement, sexual conduct or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
It shall be unlawful for any person knowingly to exhibit for
monetary consideration to a minor or knowingly to sell to a minor
an admission ticket or pass or knowingly to admit a minor for a monetary
consideration to premises whereon there is exhibited a motion-picture
show or other presentation which, in whole or in part, depicts nudity,
sexual conduct or sadomasochistic abuse and which is harmful to minors,
except that the foregoing shall not apply to any minor accompanied
by his parent.
That quality of any description or representation, in whatever
form, of nudity, sexual conduct, sexual excitement or sadomasochistic
abuse when it:
Predominantly appeals to the prurient, shameful or morbid interest
of minors.
Is patently offensive to prevailing standards in the adult community
as a whole with respect to what is suitable material for minors.
Is considered as a whole to lack serious literary, artistic,
political and 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 described herein which
is reasonably susceptible of examination by the defendant.
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.
Any person under the age of 17 years.
The showing of the human male or female genitals, pubic area,
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
portion thereof below the top of the nipple or the depiction of covered
male genitals in a discernibly turgid state.
Flagellation or torture by or upon a person clad in undergarments,
a mask or bizarre costume, or the condition of being fettered, bound
or otherwise physically restrained on the part of one so clothed.
Acts of masturbation, homosexuality, sexual intercourse,
or physical contact with a persons'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 arousal.
No person shall knowingly require any distributor or retail
seller as a condition to sale or delivery for resale or consignment
of any literature, book, magazine, pamphlet, newspaper, story paper,
paper, comic book, writing, drawing, photograph, figure or image,
or any written or printed matter, or any article or instrument to
purchase or take by consignment for purposes of sale, resale or distribution
any obscene literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure or
image, or any written or printed matter of an obscene nature or any
article or instrument of an obscene nature.
Nothing in this article shall apply to any recognized society
or museum accorded charitable status by the federal government, any
county, city, borough, township or town library, any public library,
any library of any school, college or university, or any archive or
library under the supervision and control of the commonwealth or a
political subdivision.
Any person violating any section of this article shall, upon
conviction, be fined not more than $1,000 per violation per day, plus
costs, or imprisoned for not more than 10 days, or both.
