[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter 6-17-1985 by Ord. No. 210. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 390.
The Board of Supervisors of Exeter Township
finds that the crass commercial exploitation of explicit sexual conduct
through the public exhibition of lewd films, and a display and/or
sale of lewd publications, and the use of so-called massage parlors
and model studios for purposes of lewdness, assignation or prostitution,
constitutes a debasement and distortion of a sensitive key relationship
of human existence, central to family life, community welfare and
the development of human personality, is indecent and offensive to
the senses and to public morals and interferes with the comfortable
enjoyment of life and property, in that such interferes with the interests
of the public and the quality of life in total community environment,
the tone of commerce in the Township of Exeter, property values, and
the public safety; and that the continued operation of such activities
is detrimental to the best health, safety, convenience, good morals
and general welfare of Township and of the residents, citizens, inhabitants
and businesses thereof. The Board hereby declares such activities
to be a public nuisance, and herein establishes procedures for the
abatement thereof and penalties for such activities. This chapter
shall apply to existing establishments which are presently engaged
in the type of activity herein declared to be a public nuisance.
As used in this chapter, the following terms
shall have the meanings indicated:
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulation of
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus of appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that is reasonably expected the person to whom the treatment in provided
or some third person on his or her behalf will pay money or give any
other consideration or any gratuity therefor.
Any establishment having a source of income or compensation
derived from the practice of massage in which has a fixed place of
business where any person, firm association or corporation engages
in or carries on the practice of massage.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering of any portions
thereof below the top of the nipple, or the depiction of covered male
genitals in a discernibly turgid state.
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
article, instrument or any other written or printed matter which:
Depicts or describes in a patently offensive
manner sexual conduct, sexual excitement or sadomasochistic abuse
or (in the case of article or instruments) is designed or intended
for use in achieving artificial sexual stimulation.
Would be found by the average person, taken
as a whole, and applying the contemporary community standards of the
Commonwealth of Pennsylvania, to appeal to the prurient interests.
Taken as a whole, lacks serious and bona fide
educational, literary, artistic, political or scientific value.
So offensive on its face as to affront current standards
of decency, and shall be deemed to include any forms of sexual conduct
described in this chapter, if they are depicted so as to affront current
standards of decency.
Any person, partnership, corporation or association who commits
or who knowingly acts so as to cause or commit a violation of this
chapter, or any owner, tenant or occupant of any premises or property
who knowingly permits or allows a violation of this chapter.
Flagellation or torture by or upon a person who is nude or
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.
Any act of sexual intercourse, normal or perverted,
actual or simulated, real or animated, including genital-genital,
anal-genital or oral-genital intercourse, whether between human beings
or between a human being and an animal.
Sadomasochistic abuse.
Masturbation, excretory functions and lewd exhibition
of the genitals, including any explicit, close-up representation of
a human genital organ or spread eagle exposure of female genital organs.
Physical contact or simulated physical contact
with the clothed or naked public area or buttocks of a human male
or female or the breasts of the female, whether alone or between members
of the same or opposite sex, or between humans or animals in an act
of apparent sexual stimulation or gratification.
A device designed and marketable as useful primarily
for its stimulation of the human genital organs.
Male or female genitals in a discernibly turgid
state.
Fellatio, cunnilingus, anal sodomy, seminal
ejaculation or any excretory function.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
The following business activity shall be declared
to be prohibited as a public nuisance throughout the Township of Exeter:
A.
The operation of a business which has obscene or explicit
sexual materials as herein defined as a substantial or significant
portion of its stock-in-trade or which exhibits motion-picture shows,
live performances or any other presentation which, in whole or in
part, depict nudity, sexual excitement, sexual conduct or sadomasochistic
abuse.
B.
The operation of any massage parlor in which any of
the following activities are carried on:
(1)
The treatment of any person of the opposite 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, not to exceed 10. The
date and the hour of each treatment given and the name of the operator
shall be entered on such order by the establishment where such treatments
are given and shall be given to inspection by police. The requirements
of this provision shall not apply to treatments given in the residence
of a patient, the office of licensed physician, osteopath or registered
physical therapist, chiropractor or in a regularly established and
licensed hospital or sanitarium.
(2)
The massage of or physical contact with the sexual
or genital parts of person by any other person. Sexual or genital
parts shall include the genitals, pubic area, buttocks, anus or perineum
of any person, or the vulva or breasts of a female.
(3)
The failure to conceal with a fully opaque covering
the sexual or genital parts of the body of any person.
C.
Any adult business, activity or use similar to or
of the same general nature as certain of the uses listed above. This
subsection shall include, but shall not be limited to, rap centers,
nude wrestling studios, sensitivity centers and escort bureaus.
In the event any person or business should violate
or act with intent to violate any provision of this chapter, the Solicitor
for the Township of Exeter may institute legal proceedings seeking
declaratory judgement that the violations complained or are public
nuisances and requesting an injunction from the court restraining
said violation or violations. Said injunction may provide for the
restraint of possession or public exhibition of lewd motion-picture
films and/or lewd publications, lewdness, assignation or prostitution,
forfeiture of said films and publication, judgements for costs expended
and such other relief as the court may deem proper and/or necessary.
Any defendant named in an action commenced under this section shall
receive written notice and shall have the right to a hearing prior
to the issuance of an injunction. The court shall, when practicable,
hold a hearing within three days after demand by the Solicitor for
the Township of Exeter. A written memorandum supporting the decree
shall be filed.
[Amended 8-13-2007 by Ord. No. 640]
Any person, firm or corporation who shall violate
any provision of this chapter, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
