An ordinance of the Borough of Darlington, declaring the commercial exploitation of lewd motion picture films and publications, and the use of massage parlors and model studios for the purposes of lewdness, assignation, or prostitution, to be contrary to pub lic health, safety and general welfare making any place possessing or exhibiting such lewd motion picture films, and any place of business in which lewd publications consti tute the part of the stock in trade, and any massage parlor or model studio used for the purpose of lewdness, assignation, or prostitution, a nuisance: making all lewd matter possessed in such places a nuisance prohibiting same and providing for violation the reof:
Be it ordained and enacted by the Borough Council of the Borough of Darlington.
Sec. 1. Purpose, Policy. Authority
The Borough Council finds that the crass commercial exploitation of explicit sexual conduct through the public exhibition of lewd films, and the display and/or sale of lewd pub lications, 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 sensi tive key relationship of human existence, central to family fife, 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 Borough, 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 Borough of Darling ton, and the resident citizens, inhabitants, and business thereof, the Borough Council hereby declares such activities to be nuisance and to be prohibited. This ordinance 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.
Sec. 2. Definitions
- “Lewd” matter means any matter:
1) Which the average person applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
- Which depicts or described patently offensive representation of or descrip tions of:
- Ultimate sexual acts normal or perverted, actual or simulated; or
- 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 val ue.
- “Massage” shall mean any method of treating the superficial soft parts of the hu man body, for remedial, hygienic or other purposes, consisting of rubbing, strok ing, kneading, or any similar treatment, accomplished by hand or by the use of any
- “Massage Parlor” shall mean any building or structure or portion thereof, located within the Borough which is open to members of the general public, with or with out the payment of a fee, at which massage services are
D. “Matter” shall mean a motion picture film or a publication, or both.
- “Model Studio” means:
- 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 considera tion 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 provid ing or procuring, for a fee or other consideration or compensation or gratuity, figure models who pose in the nude to be observed by any person or to be sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted.
- Exception, the word “model studio” do not include:
- Any studio which is operated by any stated college or junior college, public school, or any governmental agency wherein the person, firm, association, partnership or corporation operating it has met the requirements estab lished by the Commonwealth of Pennsylvania for the issuance or confer ring of, and is in fact authorized there under to issue and confer a diploma or honorary diploma; or
- Any premises where there is conducted the business of furnishing, provid ing or procuring figure models solely for any studio described in subsec tion (a) of the
- Any studio operated by a tax exempt, non-profit corporation devoted to the development of art and its appreciation.
- “Motion Picture Film” shall include any:
- Film or plate negative;
- Film or plate positive;
- Film designated to be projected on a screen or exhibition;
- Films, glass slides or transparencies, either in negative or positive form, de signed for exhibition by projection on a screen;
) 5) Video tape or any other medium used to electronically reproduce images on a screen.
- “Nude” shall include;
- 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 full opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid
- “Person” means any individual, partnership, firm, association, corporation, or other legal entity
- “Place” includes, but is not limited to, any building, structure or space, or any se parated part or portion thereof, whether permanent or not, or the ground
- “Publication” shall include any book, magazine, article, pamphlet, writing, print ing, illustration, picture, sound recording, or a motion picture film which is dis played in an area open to the public offered for sale or exhibited in a coin operated machine.
- “Sale” means 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 transfers of possession of lewd
Sec. 3. Lewd films and theaters exhibiting the same declared a nuisance, prohibiting same:
- Any and every place in the Borough of Darlington where lewd films are publicly exhibited or possessed for the purpose of such exhibition; and any and every place in the Borough of Darlington where a lewd film is publicly or repeatedly ex hibited, or possessed for the purpose of such exhibitions is a nuisance, and is prohibited.
- Any and every lewd film which is publicly exhibited or possessed or such purpose at a place which is a nuisance under Section 3 (a) above is a nuisance and is prohibited.
Sec. 4. Place of business in which lewd publications constitute a principal part of the stock in trade, lewd publications possessed therein, and prohibiting same.
- Any and every place in the Borough of Darlington in which lewd publications con stitute a part of the stock in trade is a nuisance, and is
- Any and every lewd publication possessed at a place which is a nuisance under Section 4 (a) above, is a nuisance, and is
Sec. 5. Massage Parlors or model studios used for purposes or lewdness assigna tions, or prostitution, or upon which acts occur, declared a nuisance, prohibiting same:
- Every massage parlor or model studio which, as a regular course of business, is used for the purpose 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.
Sec. 6. Penalty
- Any person who shall own or operate a place in the Borough of Darlington where a 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 three hundred ($300.00) dollars, and in, default of payment thereof, be impri soned in the Beaver County Jail for not more than thirty (30) days. Each day of violation shall constitute a separate
- Any person who shall own, lease, or operate any place as defined herein in the Borough of Darlington in which lewd publications constitute a part of the stock in trade shall upon conviction thereof before any District Justice, be fined a sum not exceeding three hundred ($300.00) dollars, and in default of payment thereof be imprisoned in the Beaver County Jail for not more than thirty (30) days. Each day of violation shall constitute a separate
- Any person who shall own or operate a massage parlor or model studio, as de fined 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 three hundred ($300.00) dollars, and in default of payment thereof, imprisoned in the Beaver County Jail for not more than thirty (30) days. Each day of violation shall constitute a separate of fense.
- The Borough Council of the Borough of Darlington may, in addition to any other remedies, institute proceedings in a Court of Equity to enjoin or prevent the un lawful actions prohibited
Sec. 7. Severability Clause.
If any Court shall determine that any word, clause, phrase, sentence, paragraph or sub section of this Ordinance is unconstitutional as worded, the Court shall first attempt to construe or interpret such unconstitutional a provision so as to enable the same to be constitutional as to 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 mod ify 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 there from entirely, with the balance of this Ordinance in its entirety, remaining in full force and ef fect.
Ordained and enacted into law this 5th day of August, 1985.
George E. Wilson, Jr., President of Council
Attest: Virginia Martin, Secretary of Council Examined and approved by me this 5th day of August, 1985.
John E. Tress, Mayor