The 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 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, essential to family life, community
welfare and the development of human personalities; 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 public safety; and that the operation of such activities is detrimental
to the best health, safety, convenience, good morals and general welfare
of the Township of Hampton, and of the residents, citizens, inhabitants
and businesses thereof. The Council hereby declares such activities
to be a public nuisance, and herein establishes procedures for the
abatement thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
COMMUNITY STANDARDS
The standards of the community from which the jury is drawn
or could be drawn if it were the trier of the facts.
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
Having actual or constructive knowledge of the contents and
character of the patently offensive sexual conduct or demonstration
which appears in the film, publication, or actual or constructive
knowledge of the acts of lewdness, assignation or prostitution which
occur on the premises. A person shall be deemed to have constructive
knowledge of the character of the subject matter or live conduct if
he has knowledge of facts which would put a reasonable and prudent
person on notice.
LEWD MATTER
Any matter which taken as a whole appeals to the prurient
interest in sex, which portrays sexual conduct in a patently offensive
way, and which, taken as a whole, does not have serious social value.
In determining whether or not a matter is lewd, the trier of the facts
must find:
A.
That the average person, applying contemporary community standards,
would find that the matter, taken as a whole, appeals to the prurient
interest;
B.
That the matter depicts or describes, in a patently offensive
way, sexual conduct specifically defined by this chapter or is authoritatively
construed by the courts of this commonwealth as being a portrayal
of patently offensive sexual conduct as that phrase is used in the
definition of lewd matter; and
C.
That the matter, taken as a whole, lacks serious social value.
MASSAGE
Any method of treating the human body, for remedial, hygienic
or other purposes, consisting or rubbing, stroking, kneading, or any
similar treatment, accomplished by hand or by the use of any instrument.
MASSAGE PARLOR
Any building or structure or portion thereof, located within
the Township of Hampton, which is open to members of the general public,
with or without the payment of a fee, at which massage services are
offered.
MATTER
A motion picture film or a publication, or both.
MODEL STUDIO
A.
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
B.
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.
C.
Exception. The words "model studio" do not include:
(1)
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 of, conferring of, and is in fact authorized thereunder
to issue and confer, a diploma or honorary diploma;
(2)
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection
A of this definition; or
(3)
Any studio operated by a tax-exempt nonprofit corporation devoted
to the development of art and its appreciation.
MOTION PICTURE FILM
Shall include any:
C.
Film designed to be projected on a screen for exhibition;
D.
Films or glass slides or transparencies, either in negative
or positive form, designed for exhibition by projection on a screen;
E.
Videotape or any other medium used to electronically reproduce
images on a screen.
NUDE
Shall include:
A.
Completely without clothing; or
B.
With the human or female genitals, pubic area or buttocks with
less than a fully 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 areola, or the covered male genitals in a discernibly
turgid state.
PATENTLY OFFENSIVE SEXUAL CONDUCT
Shall be deemed to include any of the following described
sexual conduct if depicted or described in a patently offensive way:
A.
An act of sexual intercourse, normal or perverted, actual or
simulated, including genital-genital, anal-genital, or oral-genital
intercourse, whether between human beings or between a human being
and an animal.
B.
Sadomasochistic abuse, meaning flagellation or torture by or
upon a person who is nude or clad in undergarments or in a revealing
costume or the condition of being fettered, bound or otherwise physically
restrained on the one so clothed.
C.
Masturbation, excretory functions and lewd exhibition of the
genitals.
D.
Physical contact or simulated physical contact with the clothed
or unclothed pubic areas 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 and animals in an act of apparent
sexual stimulation or gratification.
E.
Male or female genitals in a state of sexual stimulation or
arousal.
PERSON
Any individual, partnership, firm, association, corporation
or other legal entity.
PLACE
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.
PRURIENT INTEREST
A shameful or morbid interest in nudity, sex, or excretion,
which goes substantially beyond customary limits of candor in description
or representation of such matters. If it appears from the character
of the material or the circumstances of its dissemination that the
subject matter is designed for a specially susceptible audience or
clearly defined deviant sexual group, the appeal of the subject matter
shall be judged with reference to such audience or group.
PUBLICATION
Any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording, videotape recording, or a
motion picture film which is displayed in an area open to the public
offered for sale or exhibited in a coin-operated machine.
SALE
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 or possession of, lewd matter.
[Amended 4-20-1978 by Ord. No. 216]
A. Any and every place in the Township of Hampton in which lewd publications
constitute a part of the stock-in-trade is a public nuisance.
B. Any and every lewd publication possessed at a place which is a public nuisance under Subsection
A, above, is a public nuisance per se.
C. From and after service on the place or its manager or acting manager, or person then in charge of such place, of a true and correct copy of this chapter and a true and correct copy of the resolution and order of summary abatement provided for in §
178-7 hereof, all valuable consideration received for the sale of such lewd publications is also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
Upon a specific finding that a public nuisance as defined in §
178-3,
178-4, or 178-5 of this chapter exists in the Township of Hampton, the Council, in applying the provisions of this chapter to such nuisance, shall provide for the following by resolution:
A. Declare the fact that such nuisance exists.
B. Set forth the description or legal description and street address
of the place which constitutes the nuisance.
C. Set forth the evidentiary facts considered by the Council in arriving
at its factual determination.
(1) In the case of a motion picture film or films, such shall include
a recitation of the particular sexual conduct and acts which the Council
finds are lewd, and the basis for the finding by the Council that:
(a)
Such film is publicly or repeatedly exhibited in the course
of business; or that
(b)
Such film is publicly or repeatedly exhibited, or held for such
exhibition at the place declared to be a nuisance.
(2) In the case of a publication or publications, such shall include
a recitation of:
(a)
The particular publications or types or publications considered
by the Council, and those which the Council finds to be lewd;
(b)
The basis for the finding by the Council that such publications
are displayed, sold or held for sale at any place found by the Council
to be a public nuisance; and
(c)
The basis for the finding by the Council that such publications
constitute a part of the stock-in-trade of such place of business
or other place.
(3) In the case of a massage parlor or model studio, such shall include
a recitation of:
(a)
The particular acts of lewdness, assignation, or prostitution
which occurred; and
(b)
The basis for the finding by the Council that such acts occur
in the course of business.
D. Order all persons described in §
178-6A hereof to summarily abate such public nuisance within 24 hours of service of an order on any such persons, by terminating the exhibition, sale or possession for sale of such lewd subject matter or by ceasing to use the place where the nuisance is declared to exist or by terminating the use of said premises for the purposes of lewdness, assignation, or prostitution, or causing the same to be terminated, and notifying the Township Manager of compliance therewith by sworn affidavit as ordered by the action of the Council in such resolution.
E. Order the Township Solicitor to proceed as directed in §
178-9 of this chapter and to do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as is permissible under the law, including requesting the court to advance such proceedings on the calendar of the court.
F. Inform and give notice to persons designated in §
178-6A that:
(1) The Council has determined that a public nuisance presently exists at such place and address, and that, under §
178-6A, they are deemed to have knowledge thereof and are responsible therefor;
(2) In the event the order of the Township is not complied with within 24 hours, the Council shall order the Township Solicitor as provided for under §
178-9 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under §
178-7 of this chapter, and that under §
178-8A and
B, the costs of abatement of such civil abatement action filed, including investigative costs, court costs, attorney's fees, and other expenses are made a special assessment against the parcel of land upon which such nuisance is being maintained and, upon their determination in such court action, will, by separate legal procedure, be made a lien against such property and a personal obligation against any person, persons, firm, association, partnership, corporation or other entity deemed to be in violation of this chapter;
(3) All lewd motion picture films or lewd publications being used in
conducting and maintaining such public nuisance are contraband and
the subject of forfeiture; and
(4) From and after service on the place, or its manager, or acting manager,
or person then in charge of such place, of a true and correct copy
of this chapter and a true and correct copy of such resolution, any
and all moneys paid as admission price to or for the exhibition or
exhibitions of such lewd motion picture films and valuable consideration
received for the sale of such lewd publications, and all moneys or
other valuable consideration received for services rendered in such
massage parlors or model studios are a public nuisance, as personal
property used in conducting and maintaining such nuisance and, as
such, are the subject of forfeiture.
G. Order that a true and correct copy of said resolution and a true
and correct copy of this chapter be delivered forthwith in any manner
normally used to effectuate personal service of process to all persons
of record having any legal or equitable interest in the real property,
and to the regular or acting manager or persons in charge of the place
therein declared a public nuisance.
If the nuisance as determined by §
178-7 of this chapter has not been abated in accordance therewith the Township Solicitor shall not later than seven days after service of such notice as required in §
178-7 hereof commence an action in the Court of Common Pleas of Allegheny County seeking the following relief:
A. An order of court declaring:
(1) That the matter named by the Council is lewd as defined herein;
(2) That the matter found to be lewd is or are a public nuisance per
se under this chapter and such resolution;
(3) That such place named by the Council is a public nuisance under this
chapter and such resolution.
B. An order of court for an accounting of all moneys paid as admission
price to or for the exhibition or exhibitions of such lewd motion
picture films, and valuable consideration received for the sale of
such lewd publications, and all moneys or other valuable consideration
received for services rendered in such massage parlors or model studios
from and after the time the persons maintaining said nuisance receive
notice of the finding by the Council by resolution that the public
nuisance exists, and a judgment that such moneys or valuable consideration
are a public nuisance under this chapter.
C. An order of court directing all admission price moneys or valuable
consideration received and enumerated in the court-ordered accounting
be forfeited as contraband to the general fund of the Township of
Hampton or as property belonging to the Township of Hampton.
D. An injunction enjoining and restraining all persons responsible for
maintaining said nuisance from possession or publicly exhibiting said
lewd motion picture films, or from selling or possessing for sale
said lewd publications, or from committing acts of lewdness, assignation
or prostitution at any time in the future in the Township of Hampton
and such other injunctive relief as the court may order.
E. An order of court directing that all the named lewd publications
or copies or reproductions thereof be forfeited as contraband under
this chapter.
F. A judgment in favor of the Township of Hampton for all costs therein
expended, including investigative costs, court costs, reasonable attorney's
fees, and such other expenses as are provided for herein.
G. Such other relief as the court shall deem proper.