[HISTORY: Adopted by the Borough Council
of the Borough of Evans City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-7-1982 as Ord. No. 378 (Art. 317 of the 1976
Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes but is not limited to any building, structure, space
or ground or any separate part or portion thereof, whether permanent
or not, which is open to admission by the general public or to which
membership is available to the general public, with the exception
of guest rooms in hotels, inns or motels.
Any facility providing temporary overnight accommodations
which is licensed for such purpose by the state pursuant to 72 P.S.
§§ 7208 and 7209 and was required to file the tax return
specified in 72 P.S. § 7216 and pay the tax specified in
72 P.S. § 7210 at the time of the enactment of this article
or at time such hotel, inn or motel commenced operation, whichever
is later in date, and such facility has a use occupancy permit issued
by the Borough of Evans City permitting it to be used as a "hotel,"
"inn" or "motel."
Any individual, partnership, firm, association, corporation
or other legal entity.
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 but not limited to vibrators, dildos, penisators and penis
rings, except that this shall not include any such device which is
sold, distributed or displayed for a bona fide medical, psychological,
legislative, judicial or law enforcement purpose by a physician, psychologist,
pharmacist, legislator, Judge, prosecutor or law enforcement officer.
A.
For purposes of this article, all facilities are declared
to be public nuisances where activities occur which, through action
or solicitation, result in or are intended to result in:
B.
All facilities are declared to be a public nuisance wherein the acts specified in Subsection A(1) and (2) are performed before a live audience of one or more persons in a patently offensive manner and the acts taken as a whole lack serious literary, artistic, political, educational or scientific value and the average adult person, applying contemporary community standards, would find that the acts, when considered as a whole, appeal to the prurient interest.
C.
All facilities are declared to be public nuisances
in which sexual devices are sold, distributed or displayed.
A.
Upon and after receiving notice through service of
a true and correct copy of this article and a true and correct copy
of the complaint in equity to abate a public nuisance as defined herein,
any and every person duly served pursuant to the Rules of Civil Procedure
who shall own, legally or equitably, lease, maintain, manage, conduct
or operate a facility which is declared to be a public nuisance as
set forth in this article is deemed to be a person who has knowledge
of such nuisance for the purpose of this article and may, thereafter,
be responsible for its maintenance and liable therefor.
B.
The facilities declared to be public nuisances under
this article shall be abated as provided for herein.
A.
The borough may maintain an action of an equitable
nature to enjoin any person from owning, leasing, maintaining, managing,
conducting or operating a facility which is a public nuisance as specified
herein.
B.
From and after service of a true and correct copy
of this article and the complaint in equity as provided for in the
Rules of Civil Procedure, all money or other valuable consideration
thereafter paid as an admission price or for services rendered or
as rent to an owner for the privilege of continuing to operate a public
nuisance shall be turned over to the borough upon the issuance of
an order by the Court of Common Pleas of Butler County enjoining the
operation of the nuisance.
C.
Closing.
(1)
Preliminary and permanent injunctions may be issued
to prevent the further maintenance of a public nuisance. The procedures
for obtaining such injunctions shall be governed by the Rules of Civil
Procedure.
(2)
Upon the trial on the merits of the permanent injunction,
if the Court finds a facility to be a public nuisance, the Court may
issue an order closing the facility to all uses and purposes for the
period of one year. If the offenders or persons owning, in control
or in charge of such facility certify that the public nuisance has
been abated and that the facility will no longer be operated as a
public nuisance and post a bond in an amount not to exceed the value
of the personal property possessed or contained at such place for
the maintenance of the public nuisance, the Court may release such
person or persons from the closure order. The bond shall be deposited
with the Court prior to the release of any closure order and shall
be returned to the person posting said bond, without interest, at
the expiration of one year, provided that the public nuisance is not
maintained or reestablished within that year.
A.
Upon judgment for the borough in legal proceedings brought pursuant to this article, an accounting shall be made by such defendant or defendants of all money or valuable consideration received by them after the receipt of the requisite notice set forth in §§ 42-3 and 42-4. The Court may issue an order directing that such money or its equivalent and any valuable consideration received shall be turned over to the Borough of Evans City for deposit in its general fund.
B.
The borough reserves the right to pursue all and any
other remedies available to it, and all such remedies shall be cumulative.
[Adopted 6-7-1982 as Ord. No. 379 (Art. 721 of the 1976
Code)]
No person employed or engaged in the business
of masseur or masseuse shall massage or offer or solicit to massage
a person of the opposite sex. Each act of massage or offer or solicitation
to massage shall constitute a separate offense and is punishable as
such hereunder.
No person shall own, operate, manage or have
any interest, direct or indirect, in a place of business where a masseur
or masseuse massages or offers or solicits to massage a person of
the opposite sex. Each day such violation is committed or permitted
to continue constitutes a separate offense and is punishable as such
hereunder.
The provisions of this article shall not apply
to massage treatments given:
Any person violating the provisions of this
article shall be fined not less than $200 nor more than $600, together
with costs, and in default of the payment thereof shall be imprisoned
for not more than 30 days.
