[HISTORY: Adopted by the Board of Supervisors of the Township of
Brighton 12-9-1985 by Ord. No. 77. Amendments
noted where applicable.]
The Township Supervisors find that the crass commercial exploitation
of explicit sexual conduct through the public exhibition of lewd films and
the display and/or sale of lewd materials and sexual devices and the use of
so-called massage parlors and model studios for purposes of lewdness, assignation
or prostitution constitute 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 interest of the public
in the quality of life and total community environment, the tone of commerce
in the township, 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 the Township of Brighton and the residents,
citizens, inhabitants and businesses thereof.[1] The Township Supervisors hereby declare such activities to be
a nuisance and to be prohibited. This chapter shall apply to existing and
future establishments which are presently engaged in or in the future engage
in the type of activity herein declared to be a nuisance.
As used in this chapter, the following terms shall have the meanings
indicated:
Any matter:
Which the average person, applying contemporary community standards
of the Township of Brighton, Beaver County, would find, when considered as
a whole, appeals to the prurient interest; and
Which depicts or describes patently offensive representations of descriptions
of:
Ultimate sexual acts, normal or perverted, actual or simulated, including
any erotic fondling or touching of the covered or uncovered genitals, buttocks,
pubic area or any part of the breasts of the female, whether such acts are
genital-genital, oral-genital, oral-anal or anal-genital or which are engaged
in alone or between members of the same or opposite sex or between humans
and animals or humans and inanimate objects; or
Sexual excitement as defined herein, sadomasochistic abuse as defined
herein, masturbation, excretory functions or exhibition of the genitals or
genital area.
Nothing herein contained is intended to include or prescribe any matter
which, when considered as a whole and in the context in which it is used,
possesses serious literary, artistic, political or scientific value.
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, material or sexual device, as defined herein.
Includes:
Any premises on which 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 premises; or
Any premises 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 school or any governmental agency wherein the person, firm, association,
partnership or corporation operating it 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 premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection B(1) of this definition.
Any studio operated by a tax-exempt, nonprofit corporation devoted to
the development of art and its appreciation.
Includes 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. For
the purpose of this definition, a female breast is considered uncovered if
the nipple only or the nipple and the areola only are covered.
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.
Includes any printed matter, visual representation or sound recording,
including but not limited to books, magazines, motion-picture films, pamphlets,
newspapers, pictures, photographs, drawings, three-dimensional forms, sculptures
and phonograph, tape or wire recordings.
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.
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 lewd
matter.
Any artificial human penis, vagina or anus or other device primarily
designed, promoted or marketed to physically stimulate or manipulate the human
genitals, pubic area, perineum or anal area, including dildoes, penisators,
vibrators, vibrillators, penis rings and erection enlargement or prolonging
creams, jellies or other such chemicals or preparations.
The facial expressions, movements, utterances or any other physical
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.
A.
Any and every place in the Township of Brighton where
lewd films are publicly exhibited or possessed for the purpose of such exhibition
and any and every place in the Township of Brighton where a lewd film is publicly
or repeatedly exhibited or possessed for the purpose of such exhibitions is
a nuisance and is prohibited.
Every massage parlor or model studio which, as a regular course of business,
is used for the purposes of lewdness, assignation or prostitution and every
such massage parlor or model studio in or upon which acts of lewdness, assignations
or prostitution are held or occur is a nuisance and is prohibited.
A.
Any person who shall own or operate a place in the Township
of Brighton where lewd film is or lewd films are publicly exhibited or possessed
for the purpose of such exhibition or who shall own, lease or possess any
lewd film which is publicly exhibited or possessed for such purpose at a place
which is a nuisance shall, upon conviction thereof before any District Justice,
be fined a sum not exceeding $300 and, in default of payment thereof, be imprisoned
in the Beaver County Jail for not more than 30 days. Each day of violation
shall constitute a separate offense.
B.
Any person who shall own, lease or operate any place,
as defined herein, in the Township of Brighton in which lewd materials and
sexual devices constitute a part of the stock-in-trade shall, upon conviction
thereof before any District Justice, be fined a sum not exceeding $300 and,
in default of payment thereof, be imprisoned in the Beaver County Jail for
not more than 30 days. Each day of violation shall constitute a separate offense.
C.
Any person who shall own or operate a massage parlor
or model studio, as defined herein, which as a regular course of business
is used for the purpose of lewdness, assignation or prostitution, shall, upon
conviction thereof before any District Justice, be fined a sum not exceeding
$300 and, in default of payment thereof, be imprisoned in the Beaver County
Jail for not more than 30 days. Each day of violation shall constitute a separate
offense.
D.
The Township Supervisors of the Township of Brighton
may, in addition to any other remedies, institute proceedings in a court of
equity to enjoin or prevent the unlawful actions prohibited hereunder.
If any court shall determine that any word, clause, phrase, sentence,
paragraph or subsection of this chapter is unconstitutional as worded, the
court shall first attempt to construe or interpret such unconstitutional provision
so as to enable the same to be constitutional as narrowed or construed. If
the court cannot so limit or construe such word or provision narrowly so as
to render the same constitutional, it shall strike or modify only the minimum
number of words, phrases, clauses, sentences or paragraphs as will be absolutely
necessary to render the remainder constitutional. In no case shall a clause
or phrase or word or other portion hereof render any other word, clause, phrase,
sentence, paragraph or section unconstitutional, but instead shall be severed
therefrom entirely, with the balance of this chapter in its entirety remaining
in full force and effect.
