TOWNSHIP OF PINE INDIANA COUNTY, PENNSYLVANIA
ORDINANCE NO. 26
The Board of Supervisors of Pine Township, Indiana County, Pennsylvania, pursuant to the authority granted to them under the Second Class Township Code to promote public health, safety and welfare, ordain and enact the following ordinance:
Section I - Definitions
For the purpose of this ordinance, the words and phrases set forth below shall have the meaning respectively ascribed to them:
(1)"Audience" means one or more persons who are permitted to view a performance (a) for valuable consideration or (b) in or
from a public place.
(2)"Adult Book Store" means an establishment which has a substantial or significant portion of its stock in trade, books,
magazines, or other periodicals and which excludes minors by virtue of age.
(3)"Adult Entertainment House" means an establishment used for presenting live performances or motion pictures, films,
movies, slides, or similar photographic reproductions for observation by persons therein, and which excludes minors by
virtue of age.
(4)"Display Publicly" means the exposing, placing, posting, exhibiting, or in any other fashion displaying in any
location, whether public or private, material or a performance in such a manner that it may be readily seen and its content or
character distinguished by normal unaided vision viewing it from a public place or vehicle.
(5)"Disseminate" means to manufacture, issue, publish, sell, lend, distribute, transmit, broadcast, exhibit or present
material or to offer or agree to do the same, or to have in one's possession with intent to do the same.
(6)"Massage" means any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding,
vibrating, or stimulating of the external parts of the human body with the hands or with the aid of any mechanical electrical
apparatus or appliances with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, power, creams,
lotions, ointment, or other such similar preparations commonly used in the practice of massage, under such circumstances that it
is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefore.
(7)"Massage Parlor" means any establishment having a source of income or compensation derived from the practice of
massage and which has a fixed place of business where any person, firm, association or corporation engages in or carries on the
practice of massage.
(8)"Material" means any printed matter, visual representation, or sound recording, and includes but is not
limited to books, magazines, motion picture films, pamphlets, newspapers, pictures, photographs, drawings, three-dimensioned
forms, sculptures, and phonograph, tape or wire recordings.
(9)"Minor" means any person under 18 years of age. (10)"Nudity" means uncovered, or less than opaquely covered, post-pubertal human genitals or pubic area, the post-
pubertal human female breast below a point immediately above the top of the areola or the covered human male genitals in a
discernly 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.
(11)"Pander" means 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.
(12)"Performance" means any live or reproduced exhibition, including, but not limited to, any play, motion picture film,
dance or appearance presented to or performed before an audience.
(13)"Pornographic" means relating to pornography. (14)"Pornography" means any material or performance, except as hereafter in this paragraph set forth, is "pornography"
if all of the following elements are presented: (a) considered as a whole, by the average person, applying contemporary
community standards of the Township of Pine, it appeals to the prurient interest; and (b) it depicts, describes or represents in
a patently offensive way, sexual conduct, as hereinafter defined; and (c) it lacks serious literary, artistic, political or
scientific value. Provided, however, that nothing contained in this ordinance to the contrary, notwithstanding, "pornography"
shall not include any motion picture film which (i) carries a rating of G, PG, R, or X, as is currently granted by the Motion Picture Rating Board of the Motion Picture Producers and Distributors Association, or any other rating which from time to time may be customarily granted by said Motion Picture Rating Board, and (ii) carries the symbol of said Motion Picture Producers and Distributors Association.
(15) "Pornography for Minors" means any material or performance except as hereinafter in this paragraph set forth, "Pornography for Minors," if all of the following elements are present: (a) Considered as a whole by the average person applying the contemporary community standards of the Township of Pine with respect to what is suitable for minors, it is presented in such a manner as to appeal to a minor's prurient interest; and (b) it depicts, describes or represents in a patently offensive way nudity or sexual conduct as hereinafter denied; and (c) it lacks serious literary, artistic, political or scientific value for minors. Provided, however, that anything contained in this ordinance to the contrary notwithstanding, "Pornography for Minors" shall not include any motion picture film which (i) carries a rating of G, PG, R, or X, as is currently granted by the Motion Picture Rating Board of the Motion Picture Producers and Distributors Association, or any other rating which from time to time may be customarily granted by said Motion Picture Rating Board, and (ii) caries the symbol of said Motion Picture Producers and Distributors Association. (16)"Prurient Interest" means 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 sado-masochists. In this case, it shall be judged with reference to the particular
group for which it was designed.
(17)"Public Place or Vehicle" means any of the streets, alleys, parks, boulevards, schools or other public property in
the Township, or any dance hall, rental hall, theater, amusement park, liquor establishment, store, depot, place of public
accommodation, or other private property generally frequented by the public for the purposes of education, recreation, amusement,
entertainment, sport, shopping or travel; or any vehicle for public transportation, owned or operated by government, either
directly or through a public corporation or authority, or owned or operated by any non-governmental agency for the use, enjoyment
or transportation of the general public.
(18)"Sexual Conduct" means: (a) masturbation; (b) sexual intercourse, whether genital-genital, oral-genital, oral-anal, or
anal-genital; (c) any erotic fondling or touching or the covered or uncovered genital, buttocks, pubic area, or any part of the
breasts of the female; whether the conduct described in (a) through (c) is engaged in alone or between members of the same or
opposite sex, or between humans and animals or humans and inanimate objects; or (d) actual or simulated display or exhibition of the human pubic area or genitals or any part thereof, or (e) sexual excitement, as hereinafter defined; or (f) sado-masochistic abuse as hereinafter defined.
(19)"Sexual Excitement" means 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.
(20)"Sado-masochistic Abuse" means 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.
Section II - Promoting Pornography
(1) It shall be unlawful for any person to promote pornography. A person commits the offense of promoting pornography if, knowing its contents 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; or has in his possession any pornographic material with intent to so disseminate; or knowingly allows the use of any business, buildings, vehicle, or place owned, leased, conducted or managed by him, for such dissemination of pornographic material; or (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 or; (c)Admits, by accepting 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; or (e)Participates in that portion of a live performance before an audience which makes it pornographic; or (f )Panders, displays publicly, or disseminated 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.
Section III - Promoting Pornography for Minors
(1) It shall be unlawful for any person to promote pornography for minors. A person commits the offense of promoting pornography for minors, if, knowing its content and character, he:
(a)Disseminates or causes to be disseminated to a minor material which is pornography for minors, or knowingly
allows the use of any business, building, vehicle or place owned, leased, conducted or managed by him for the
dissemination to a minor of material which is pornography for minors; or
(b)Exhibits to a minor a motion picture film or other performance which is pornography for minors; or (c)Sells to a minor an admission ticket or pass to any building, vehicle, or place where there is being
exhibited or is about to be exhibited a motion picture film or other performance which is pornography for minors; or
(d)Admits a minor to any building, vehicle or place where there is being exhibited or is about to be exhibited a
motion picture film or other performance which is pornography for minors; or
(e)Knowingly produces, presents, directs or allows the use of any business, building, vehicle, or place owned,
leased, conducted or managed by him for the presentation of performance which is pornography for minors, before an
audience which included a minor; or
(f)Displays publicly or disseminated door to door any material or performance which is pornography for minors, or
causes such public display or door to door dissemination.
(2) Subsections (1) (a) through (e) do not apply to a parent, guardian, or other person in loco parentis to the minor.
Section IV - Massage Parlors Adult Book Stores Adult Entertainment Houses
(1) No person shall engage in the operation of any massage parlor in which any of the following activities are carried on:
(a)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 ten (10). The date and 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 the Pine Township Supervisors or their appointee. 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 sanitarium.
(b)The massage of, or physical contact with, the sexual or genital parts of one 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.
(c)The failure to conceal with a fully opaque covering, the sexual or genital parts of the body of any person. 2.No person shall engage in the operation of any adult book store within Pine Township. 3.No person shall engage in the operation of any adult entertainment house within Pine Township.
Section V - Defenses
It shall be an affirmative defense to a prosecution under Section II or Section III of this ordinance if the pornographic material was disseminated by a person who was acting in his capacity as:
(1)A teacher of an accredited course of study related to pornography at a State approved educational institution. (2)A licensed medical practitioner or psychologist in the treatment of a patient; or (3)A participant in the criminal justice system such as a legislator, judge, prosecutor, law enforcement officer or other
similar or related position; or
(4)A supplier to any person described in (1) through (3) above.
Section VI - Penalties
A. Fines; Any person convicted of violating this ordinance shall be guilty of a summary offense, and, upon conviction before any Justice of the Peace, be subject to a fine not exceeding Three Hundred Dollars ($300.00) and costs, for each offense, and in default of payment thereof shall be subject to imprisonment in the appropriate jail for a period not exceeding thirty (30) days.
Each 24 hour period that a violation occurs shall constitute a separate violation and subject to a separate penalty.
B. Injunction: The Supervisors of Pine Township may institute proceedings in equity in the Court of Common Pleas of Indiana County for the purpose of enjoining a performance the sales, resale, lending, distribution, exhibit, gift or show of any pornographic live performance, massage parlor, adult book store, adult entertainment house, pornographic literature, book, magazine, pamphlet, newspapers, story-paper, paper, comic book, writing, drawing, photograph, figure or image, or any written or printed matter of a pornographic nature, or any article of instrument of a pornographic nature, as pornographic pornography and pornography for minors, are defined in paragraphs (13), (14), and (15) of Section I of this ordinance, and for such purposes jurisdiction is hereby conferred upon said court. A preliminary injunction may issue and a hearing thereafter be held thereon in conformity with the Rules of Civil Procedure upon the averment of the Board of Supervisors that the sale, resale, lending, distribution, exhibit, gift or show of such pornographic publication constitutes a danger to the welfare or peace of the community.
Section VII - Miscellaneous
No existing structure or establishment which violates this ordinance by reason of being in existence at the time of adoption (grandfathered) shall enlarge or expand and if closed shall not be permitted to reopen unless done so within a reasonable time which shall be deemed to be within thirty (30) days.
Section VIII - Repealer
Any ordinance or part of ordinance in conflict with any of the provisions of this ordinance is hereby repealed to the extent of such conflict. If any one or more sections, subsections, sentences, clauses or phrases of this ordinance is for any reason held to be unconstitutional, unlawful or invalid, such decision shall not affect the constitutionality, legality or validity of the remaining portions of this ordinance. The Supervisors of Pine Township declare that it would have passed this ordinance and any one or more remaining sections, subsections, sentences, clauses and phrases thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
THIS ORDINANCE ORDAINED AND ENACTED at a special meeting of the Supervisors of Pine Township, Indiana County, Pennsylvania, this 6th day of December,1993, effective five days hereafter.