866.01 PURPOSE AND INTENT
(a) The location of adult entertainment establishments is a vital concern to the Board of Commissioners of Lawrence Park Township, especially when the location is in areas where minors may learn, play, pass by, or would be exposed to the advertising, window displays, or general atmosphere accompanying the operation.
(b) It is the intent of the Board of Commissioners in enacting these regulations relative to adult entertainment establishments to exercise that power which has been granted to them. The Commissioners do not attempt or intend to absolutely prohibit adult entertainment establishments in the Township, but rather but rather seek to regulate matters to promote, protect, and facilitate the public health, safety, morals, and general welfare of all the residents of Lawrence Park Township.
866.02 DEFINITIONS
As used in this chapter:
(a) “Adult arcade” means any place to which the public is permitted or invited, wherein coin-operated, slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices, or any such devices actuated for any form of consideration, are maintained, but not located within viewing booths, to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(b) “Adult book store,” “adult novelty store” or “adult video store” means a commercial establishment which as one of its substantial business activities offers for sale or rental, for any form of consideration, any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides, CD ROM discs or other computer software, or other visual representations, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
(c) “Adult cabaret” means a night club, bar, restaurant, or other commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity,
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities, or
(3) Films, motion pictures, video cassettes, slides, or other photographic reproductions or visual presentations of any kind which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(d) “Adult model studio” means any place where, for any form of consideration or gratuity, features models who display specified anatomical areas to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity except that this provision shall not apply to any “figure studio” or “school of art” or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of and is in fact authorized thereunder to issue and confer a diploma.
(e) “Adult motel” means a motel or similar establishment offering public accommodations for any consideration which provides patrons with material distinguished or characterized by an emphasis or depiction or descriptions of specified sexual activities or specified anatomical areas.
(f) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions or visual presentations of any kind are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(g) “Adult news rack” means any coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
(h) “Adult theater” means a theater, concert hall, auditorium, or other similar establishment either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
(i) “Bath house” means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A medical practitioner for the purpose of this chapter shall be a medical doctor, physician, chiropractor, or similar professional licensed by the Commonwealth of Pennsylvania.
(j) “Body painting studio” means any establishment or business which provides the service of applying paint or other substance, whether transparent or non-transparent, to or on the human body when specified anatomical areas are exposed.
(k) “Massage establishment” means an establishment or business which provides the service of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, or professional physical therapist licensed by the Commonwealth of Pennsylvania. This definition does not include an athletic club, health club, school gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(l) “Nudity” means showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates or gives the realistic appearance of nipples and/or areola.
(m) “Outcall service activity” means an establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
(n) “Public place” means all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including, but not limited to, places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members or party rooms or halls restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
(o) “Sexual encounter center” means any business, agency, or person who, for any form of consideration of gratuity provides a place where two or more persons, not all members of the same family may congregate, assemble, or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the Commonwealth of Pennsylvania.
(p) “Sexually oriented business” means an adult arcade, adult book store, adult cabaret, adult model studio, adult motel, adult motion picture theater, adult news rack, adult novelty store, adult theater, adult video store, bath house, body painting studio, massage establishment, outcall service activity, or sexual encounter center.
(q) “Specified anatomical areas” as used herein shall mean and include any of the following:
(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
(2) Human male genitals in a discernably turgid state, even if completely and opaquely covered.
(r) “Specified sexual activities” includes the following:
(1) Actual or simulated intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation or unclothed genitals, flagellation or torture in the context of a sexual relationship, and any of the following depicted sexually oriented acts: anilingus, buggery, coprohagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piguerism, sapphism, zooerastia, or
(2) Clearly depicted human genitals in a state of sexual stimulation arousal or tumescence; or
(3) Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or
(4) Fondling or touching of nude human genitals, pubic region, buttocks, or female breasts; or
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain; or
(6) Erotic or lewd touching, fondling, or other contact with an animal or by human being; or
(7) Human excretion, urination, menstruation, vaginal, or anal irrigation.
866.03 PUBLIC INDECENCY
(a) No person shall commit an act of public indecency in the Township or promote or maintain acts of public indecency as a property owner, proprietor, or manager of a business. An act of public indecency occurs when a person knowingly, intentionally, or recklessly, in a public place:
(1) Engages in sexual intercourse;
(2) Engages in deviate sexual intercourse, as defined by the Pennsylvania Crimes Code;
(3) Appears in a state of nudity; or
(4) Fondles the genitals of himself, herself, or another person.
(b) The prohibition set forth in subsection (a) hereof shall not apply to:
(1) Any child under ten years of age;
(2) Any individual exposing a breast in the process of breastfeeding an infant under two years of age; or
(3) The exercise of free speech or free expression in the form of artistic and theatrical performances.
(c) It is the intention of the Township that this section be construed, enforced, and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection, or other fundamental rights.
866.04 HOURS OF OPERATION
Sexually oriented businesses shall operate only between the hours of 10:00 AM and 10:00 PM, Monday through Saturday, and shall be closed on Sunday.
866.05 DECLARATION OF NUISANCE
It is hereby declared that any building, portion of a building or enclosed place, which is regularly used for acts of public indecency, is a public nuisance, subjecting the owner, proprietor, or other operator thereof to any and all actions authorized by the Commonwealth for the abatement of public nuisances, and enforcement pursuant to this section shall be in addition to any fines or other penalties assessed pursuant to this chapter.
866.06 MINIMUM SPACING/PROXIMITY REQUIREMENTS
(a) No adult entertainment shall be located within 1,000 feet of any other adult entertainment establishment.
(b) No adult entertainment shall be located within specified distances or certain land uses as set forth below:
(1) No such establishments shall be located within 400 feet of a residential district.
(2) No such establishment shall be located within 500 feet of any parcel of land which includes the following:
(a) Amusement park;
(b) Camp (for minors’ activities);
(c) Child care facility;
(d) Church property;
(e) Community center;
(f) Museum;
(g) Park;
(h) Playground;
(i) School and school bus stops;
(j) Other lands where minors congregate.
(c) The distance shall be measured in a straight line, without regard to intervening structures, from the closest point on the exterior parcel line of the adult entertainment establishment to the closest point on the property line of said land use.
866.99 PENALTY
Whoever violates or permits the violation of any of the provisions of this chapter shall be fined one thousand dollars ($1,000.00) for each violation. Whenever such person has been officially notified by the Township that a violation of this chapter has occurred, a separate offense, punishable by a like fine, shall be deemed committed each day the violation continues after such notification. A person who violates or permits the violation of this chapter shall pay, in addition to the fine set forth above, all court costs and reasonable attorney’s fees incurred by the Township in connection with any civil enforcement proceeding brought to enforce this chapter.