Township of Pine, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Pine as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 84.
Disorderly conduct — See Ch. 94.
[Adopted 8-1-1977 by Ord. No. 109]

§ 90-1 Definitions.

As used in this article and unless otherwise expressly stated, the following words and phrases shall have the meanings indicated:
DEVICE
Any item manufactured or processed, intended to be used or sold for use in lewd or obscene activities.
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
Having knowledge of the contents and character of the patently offensive sexual conduct or demonstration which appears in the film or publication or knowledge of the acts of lewdness, obscenity, assignation or prostitution which occur on the premises.
A. 
Any matter which:
(1) 
The average person, applying contemporary Pine Township standards, would find, when considered as a whole, appeals to the prurient interest, or
(2) 
Depicts or describes patently offensive representations or descriptions of sexual intercourse or other ultimate sexual acts, normal or perverted, actual or simulated, or masturbation, excretory functions or exhibition of the genitals or genital area.
B. 
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 value.
MASSAGE
Any method of treating the superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of 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 Pine Township, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.
MATERIAL
A motion-picture film or publication or device, or all.
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 the persons who pay a fee or other consideration or compensation or a gratuity for the right or opportunity to so 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 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, government-approved 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 or 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 C(1) of this section; or
(3) 
Any studio operated by a tax-exempt, nonprofit corporation devoted to the development of art and its appreciation.
A. 
Any film or plate negative;
B. 
Any film or plate positive;
C. 
Any film designated to be projected on a screen for exhibition;
D. 
Any films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
E. 
Any videotape or any other medium used to electronically reproduce images on a screen.
A. 
Completely without clothing; or
B. 
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 fully opaque covering of any portion thereof below the top of the nipple or the covered male genitals in a discernibly erected state.
OBSCENE
A publication, act or motion-picture film which depicts or describes the sexual conduct of having human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse or sodomy, of fondling or other erotic touching of human genitals, pubic region, buttock or female breast and 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 literary, artistic, political or scientific value.
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, located within the geographical limits of Pine Township.
PUBLICATION
Any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording or motion-picture film which is displayed in an area open to the public or offered for sale or exhibited in a coin-operated machine.
SALE
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 of possession of lewd matter.
TOWNSHIP
The municipal government or the land within the geographical boundaries of Pine Township, Allegheny County, Pennsylvania, depending upon the context.

§ 90-2 Declaration of public nuisance.

The Supervisors find the commercial exploitation of obscene and lewd materials and the use of m parlors and model studios for the purposes of obscenity, lewdness, assignation, prostitution or the manipulation of the body by a member of the opposite sex to be contrary to the morals and general welfare of the Township; to have an adverse effect on the physical and mental health of the residents, jeopardizing the safety of the areas in which such commercial exploitation is permitted to occur; to have an undesirable effect on the Township policy of neighborhood preservation and development; and to erode the high quality of life existing in the Township; now, therefore, such commercial exploitation is a public nuisance.

§ 90-3 Exhibition and possession of lewd and obscene films.

A. 
Any and every place in the Township where lewd or obscene films are publicly exhibited or possessed for the purpose of such exhibition, and any and every place in the Township where a lewd film is publicly or repeatedly exhibited or possessed for the purpose of such exhibitions, is a public nuisance.
B. 
Any and every lewd or obscene film which is publicly exhibited or for such purposes 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 theater or its manager or acting manager or person then in charge of such place, of a true and correct copy of the resolution and order of summary abatement provided for in § 90-7 hereof, all moneys paid thereafter as admission price to such exhibitions are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.

§ 90-4 Lewd and obscene publications.

A. 
Any and every place in the Township in which lewd or obscene publications constitute any portion of the stock-in-trade is a public nuisance.
B. 
Any and every lewd or obscene publication possessed at a place which is a public nuisance under Subsection A above is a public nuisance per se.
C. 
From and after the 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 the resolution and order of summary abatement provided for in § 90-7 hereof, all valuable consideration received for the sale of such lewd or obscene publications is also declared to be a public nuisance as personal property used in conducting and maintaining a declared public nuisance.

§ 90-5 Massage parlors.

A. 
Every massage parlor or model studio which, as a regular course of business, is used for the purposes of lewdness, assignation, prostitution or massage by a member of the opposite sex, and every such massage parlor or model studio in or upon which acts or lewdness, assignations or prostitution are held or occur are a public nuisance which shall be enjoined, abated and prevented.
B. 
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 the resolution and order of summary abatement provided for in § 90-7 hereof, all moneys or other valuable consideration paid for services rendered to customers are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.

§ 90-6 Maintaining public nuisance.

A. 
Upon and after receiving notice through service of a true and correct copy of the resolution and order of summary abatement provided for in § 90-7 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in the Township which is declared to be a public nuisance as set forth in § 90-3, 90-4 or 90-5 of this chapter is deemed to be a person who has knowledge of such nuisance for the purpose of this chapter and is, thereafter, responsible for its maintenance and shall be liable therefor.
B. 
The place and subject matter declared to be public nuisances under §§ 90-3, 90-4 and 90-5 shall be abated as provided for herein.

§ 90-7 Action by Supervisors upon finding public nuisance.

Upon a specific finding that a public nuisance, as defined in § 90-3, 90-4 or 90-5 of this chapter, exists in the Township, the Township Supervisors, 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 Township Supervisors in arriving at their factual determination:
(1) 
In the ease of a motion-picture film or films, such shall include a recitation of the particular sexual conduct and acts which the Township Supervisors find are patently offensive, lewd or obscene and the basis for the finding by the Township Supervisors that:
(a) 
Such films are publicly exhibited in the course of business; or
(b) 
Such film is publicly or repeatedly exhibited or held for such exhibition at the place declared to be a public nuisance.
(2) 
In the case of, a publication or publications, such shall include a recitation of.
(a) 
The particular publications or types of publications considered by the Township Supervisors and those which the Township Supervisors find to be patently offensive, lewd or obscene.
(b) 
The basis for the finding of the Township Supervisors that such publications are displayed, sold or held, for sale at any place found by the Township Supervisors to be a public nuisance.
(c) 
The basis of the finding by the Township Supervisors that such publications constitute a portion 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, prostitution or massage by a member of the opposite sex which have occurred.
(b) 
The basis for the finding by the Township Supervisors that such acts occur in the course of business.
D. 
Order all persons described in § 90-6A hereof to summarily abate such public nuisance within 24 hours of service of such order on any such persons, by terminating the exhibition, sale or possession for sale of such lewd or obscene 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 Secretary and the Township Supervisors of compliance therewith by sworn affidavit as ordered by the action of the Township Supervisors in such resolution.
E. 
Order the Township Solicitor to proceed as directed in § 90-9 of this chapter and 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 § 90-6A that:
(1) 
The Township Supers have determined that a public nuisance presently exists at such place and address, and that under § 90-6A of said chapter they are deemed to have knowledge thereof and are responsible therefor.
(2) 
In the event that the order of the Township is not complied with within 24 hours, the Township Supervisors have ordered the Township Solicitor, as provided under § 90-9 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 90-7 of this chapter, and that under § 90-8A and B of this chapter, the costs of abatement of such civil abatement action filed, including investigate 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 be a separate legal procedure, be made a lien against any person, persons, firm, association, partnership, corporation or other entity deemed to be in violation of this chapter.
(3) 
All lewd or obscene motion-picture films or lewd or obscene 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 owner, manager or acting manager or person then in charge of such place, of 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 or obscene motion-picture films and valuable consideration received for the sale of such lewd or obscene 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 owner, manager or acting manager or persons in charge of the place therein declared a public nuisance.

§ 90-8 Forfeiture of valuable consideration to general fund; cost of abatement; violations and penalties.

A. 
Upon judgment for the Township in legal proceedings brought pursuant to this chapter, an accounting shall be made by such defendant or defendants of all moneys or valuable consideration received by them which have been declared to be a public nuisance under § 90-3C, 90-4C or 90-5B of this chapter. Such moneys or their equivalent and any valuable consideration received shall be forfeited to the general fund of the Township or to the Township as property of the Township if any valuable consideration received be not money.
B. 
Cost of abatement.
(1) 
The cost of abatement shall include the following:
(a) 
Investigative costs.
(b) 
Court costs.
(c) 
Reasonable attorney's fees arising out of the preparation for and trial of the case, and appeals therefrom, and other costs allowed on appeal.
(d) 
Printing costs of trial and appellate briefs and other papers filed in such proceeding.
(2) 
Such cost of abatement is hereby made a special assessment against the parcel of land upon which such nuisance is maintained. Upon its determination in a civil action, such shall be a separate legal proceeding, be made a lien against such property and a personal obligation against any person, persons, firm, association, partnership, corporation or other entity and shall be collected at the same time and in the same manner as ordinary municipal taxes are collected and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment
C. 
Any person, persons, firm, association, partnership, corporation or other entity found to be in violation of this chapter, upon summary conviction thereof, shall be subject to a fine of $300, plus costs of prosecution, for each offense. Each calendar day in which the person, persons, firm, association, partnership, corporation or other entity remains in violation of this chapter shall constitute a separate and distinct violation.
[Amended 12-21-1988 by Ord. No. 173]

§ 90-9 Commencement of legal proceedings.

Upon a specific finding by resolution of the Township Supervisors of the fact that a public nuisance exists at a particular location, the Township shall, not later than five days after passage of said resolution, commence legal proceedings by the filing of a civil action seeking the following relief:
A. 
A declaratory judgment that the matter named by the Township Supervisors is lewd, as defined herein.
B. 
A declaratory judgment that the matter found to be lewd is or are public nuisances per se under this chapter and such resolution.
C. 
A declaratory judgment that each place named by the Township Supervisors is a public nuisance under this chapter and such resolution.
D. 
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 Township Supervisors by resolution that the public nuisance exists and a judgment that such moneys or valuable consideration are a public nuisance under this article.
E. 
An order that 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 or a property belonging to the Township.
F. 
An injunction enjoining and restraining all persons responsible for maintaining said nuisance from possessing 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, prostitution or massage on members of the opposite sex, at any time in the future in the Township, and such other injunctive relief as the court may order.
G. 
An order that all positive prints of the named lewd film and all lewd publications or copies or reproductions thereof be forfeited as contraband under this chapter.
H. 
Judgment for the Township for all costs therein expended, including investigative costs, court costs, reasonable attorney's fees and such other expenses as are provided for herein.
I. 
Collection of penalties.
J. 
All other relief as the court may deem proper.
[Adopted 8-2-1999 by Ord. No. 270]

§ 90-10 Legislative findings and intent.

A. 
Findings. The Board of Supervisors of the Township of Pine finds as follows:
(1) 
Adult-oriented establishments within the Township of Pine require special regulation by law and the supervision by public safety agencies in order to protect and preserve the health, safety and welfare of patrons of such establishments, as well as the health, safety and welfare of the citizens of the Township of Pine.
(2) 
Statistics and studies performed in a substantial number of communities in the Commonwealth of Pennsylvania and in the United States and by the State of Delaware indicate that:
(a) 
Large numbers of persons, primarily male, frequent adult-oriented establishments, especially those which provide closed booths, cubicles, stalls, compartments, studios and rooms for the private viewing of so-called adult motion pictures, videotapes or live entertainment or a combination of such adult motion pictures, videotapes and live entertainment;
(b) 
The closed booths, cubicles, stalls, compartments, studios and rooms and holes in partitions between such booths, cubicles, stalls, compartments, studios and rooms have been used by patrons, clients or customers of adult-oriented establishments for the purpose of engaging in sexual acts;
(c) 
Male and female prostitutes have been known to frequent such adult-oriented establishments in order to provide sex for hire to the patrons, clients or customers within the booths, cubicles, stalls, compartments, studios and rooms;
(d) 
Doors, curtains, blinds and/or other closures installed in or on the entrances or exits, or both, of the booths, cubicles, stalls, compartments, studios and rooms which are closed while the booths, cubicles, stalls, compartments, studios and rooms are in use encourage patrons using the booths, cubicles, stalls, compartments, studios and rooms to engage in sexual acts in the closures and through holes in partitions between the closures with prostitutes, patrons, clients or customers, thereby promoting and encouraging prostitution and the commission of sexual acts which result in the direct exchange of bodily fluids which put the participants at high risk for contracting communicable diseases, including AIDS, and which cause blood, semen and urine to be deposited on the floors or walls, or both, of the booths, cubicles, stalls, compartments, studios and rooms, which deposits could prove detrimental to the health and safety of other persons who may come in contact with such deposits; and
(e) 
The reasonable regulation and supervision of such adult-oriented establishments tend to discourage sexual acts and prostitution and thereby promote the health, safety and welfare of the patrons, clients and customers of such establishments.
(3) 
The unregulated operation of such adult-oriented establishments, including, without limitation, those specifically cited in Subsection A(1) above, is and would be detrimental to the general health, safety and welfare of the citizens of the Township of Pine.
(4) 
The Constitution of Pennsylvania, the Home Rule Charter and Optional Plans Law (53 P.S. § 1-101 et seq.[1]) and the Charter of the Township of Pine grant to the Board of Supervisors of the Township of Pine the power, especially police power, to enact reasonable legislation to regulate and supervise adult-oriented establishments in order to protect the public health, safety and welfare.
[1]
Editor's Note: See now 53 Pa.C.S.A. § 2901 et seq.
B. 
Intent. It is not the intent of the Board of Supervisors of the Township of Pine in enacting this article to deny to any person rights of speech protected by the Constitution of the United States or the Constitution of Pennsylvania, or both, nor is it the intent of the Board of Supervisors of the Township of Pine to impose by this article any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books and other materials. Further, by enacting this article, the Board of Supervisors of the Township of Pine does not intend to deny or restrict the rights of any adult to obtain or view, or both, any sexually oriented materials protected by the Constitution of the United States or the Constitution of Pennsylvania, or both, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of sexually oriented materials may have to sell, distribute or exhibit these materials.

§ 90-11 Definitions.

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:
ADULT BOOKSTORE
An establishment which has a substantial or significant portion of its stock and trade in, or an establishment which, as one of its principal business purposes, offers for sale books, films, video cassettes or magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas and, in conjunction therewith, has facilities for the presentation of adult entertainment for observation by patrons.
A. 
An exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.
B. 
A live performance, display or dance of any type which has as a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other personal services offered customers.
ADULT MINI-MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons regularly used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
A. 
The term includes, without limitation, the following establishments when operated for profit, whether direct or indirect:
(1) 
Adult bookstores.
(2) 
Adult motion-picture theaters.
(3) 
Adult mini-motion-picture theaters.
(4) 
Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult-oriented motion pictures, or where an entertainer provides adult entertainment to a member of the public, a patron or a member.
(5) 
An adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio, massage parlor, health spa or any other term of like import.
B. 
The terms "booths, cubicles, stalls, compartments, studios and rooms," for purposes of definition in connection with adult-oriented establishments, do not mean enclosures which are private offices used by the owner, manager or persons employed on the premises for attending to the tasks of their employment, and which are not held out to the public for the purpose of viewing motion pictures or other adult entertainment for a fee, and which are not open to any persons other than employees.
EMPLOYEE
Any and all persons, including independent contractors, who work in or at or render any service directly related to the operation of an adult-oriented establishment.
ENTERTAINER
A person who provides entertainment within an adult-oriented establishment, whether or not a fee is charged or accepted for entertainment and whether or not entertainment is provided as an employee or an independent contractor.
INSPECTOR
An employee of the Allegheny County Health Department authorized and designated by the director of such department; the Township of Pine's Manager, Assistant Manager, Solicitor, Director of Code Administration and Land Development and/or Code Enforcement Officer; an employee of the Pine Marshall Bradfordwoods Joint Police Force authorized by the commanding officer of such police force; or other persons designated by the Board of Supervisors of the Township of Pine to inspect premises regulated under this article, to cooperate in taking the required actions authorized by this article where violations are found on a premises and to request correction of unsatisfactory conditions found on a premises.
MINOR
A person under 18 years of age.
OPERATOR
A person, partnership or corporation owning, operating, conducting or maintaining an adult-oriented establishment.
SEXUAL ACTIVITIES
The term does not include any of the following:
A. 
Medical publications or films or bona fide educational publications or films.
B. 
Any art or photography publications which devote at least 25% of the lineage of each issue to articles and advertisements dealing with subjects of art or photography.
C. 
Any news periodical which reports or describes current events and which from time to time publishes photographs of nude or seminude persons in connection with the dissemination of the news.
D. 
Any publications or films which describe and report different cultures and which from time to time publish or show photographs or depictions of nude or seminude persons when describing cultures in which nudity or seminudity is indigenous to the populations.
A. 
Less than completely and opaquely covered:
(1) 
Human genitals or pubic region;
(2) 
Buttocks; or
(3) 
Female breasts below a point immediately above the top of the areola.
B. 
Human male genitals in a discernible turgid state, even if completely opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
The term includes any of the following:
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse or sodomy.
C. 
Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

§ 90-12 Requirements for adult-oriented establishments.

A. 
Loitering by minors prohibited. No operator or employee of an adult-oriented establishment shall permit any minor to loiter in any part of such establishment, including the parking lots immediately adjacent to such establishment used by its patrons.
B. 
Interior plan. Every adult-oriented establishment in the Township of Pine shall be well lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms, studios, compartments or stalls where adult entertainment is provided shall be clearly visible from the common areas within the premises. Visibility into such booths, cubicles, rooms, studios, compartments or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes or any other obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms, studios, compartments or stalls within adult-oriented establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of adult-oriented motion pictures or other types of adult entertainment.
C. 
Certain apertures prohibited. No adult-oriented establishment shall contain partitions between subdivisions of a room or portions or parts of a building, structure or premise with an aperture which is designed or constructed to facilitate sexual activity between persons on either side of the partitions.
D. 
Illumination and visibility. The operator of each adult-oriented establishment shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be well lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than 10 footcandles as measured at the floor level. It shall be the duty of the operator and the operator's agents to ensure that such illumination is maintained at all times that a patron is present in the premises.

§ 90-13 Liability of operator.

Every act or omission by an employee constituting a violation of this article shall be deemed the act or omission of the operator if the act or omission occurs either with the authorization, knowledge or approval of the operator or as a result of the operator's negligent failure to supervise the employee's conduct, and the operator shall be punishable for the act or omission in the same manner as if the operator committed the act or caused the omission.

§ 90-14 Establishments open for inspection.

All adult-oriented establishments shall be open to inspection at all reasonable times by inspectors.

§ 90-15 Civil action to enjoin or abate violations.

A. 
Action authorized. An action to enjoin or abate a violation of this article may be brought in the name of the Township of Pine by its solicitor. The action shall be brought and tried as an action in equity in the Court of Common Pleas of Allegheny County, Pennsylvania.
B. 
Procedures.
(1) 
If it is made to appear, by affidavits or otherwise, to the satisfaction of that court that a violation exists, a temporary writ of injunction shall forthwith issue, directed to the operator of the adult entertainment establishment or the owner of the premises, or both, restraining the operator or owner from continuing or permitting the continuation of any violation or violations of this article until the conclusion of the hearing and a decision by the court. No bond shall be required in instituting such proceedings. This article, insofar as it provides for methods of service and bond, shall not be deemed to be suspended or affected by the Pennsylvania Rules of Civil Procedure governing the action in equity.
(2) 
It shall not be necessary for the court to find that the property involved was being unlawfully used at the time of the hearing, but, on finding that the material allegations of the petition are true, the court shall order that neither the premises nor any part of the premises be used in violation of this article. Upon judgment of the court ordering the violations to be abated, the court may order that neither the premises nor any part of the premises shall be occupied or used for any purpose for up to one year following the date of the court's order, but the court may, in its discretion, permit the premises to be occupied or used by the operator or owner if the operator or owner, or both, posts a bond or a joint bond in the discretion of the court with sufficient surety to be approved by the Court in the penal and liquidated sum of not less than $1,000 nor more than $2,500, payable to the Township of Pine and conditioned that neither the building nor a part of the building be used in violation of this article, and that the operator will pay all fines, costs and damages that may be assessed for any violation of this article upon the premises.
(3) 
Service of any preliminary or permanent injunction shall be made personally upon the operator and owner of the premises if such persons can be found in Allegheny County. If the operator or owner cannot be found, a copy of the order shall be delivered to any employee of the operator on the establishment premises or, in the case of the owner, upon an agent, if any. If no employee or agent can be found or service cannot be made on an employee or agent of the owner, then service shall be made as the court may direct. Any person other than the operator or owner who shall be served with any notice of an injunction shall, within 24 hours thereafter, deliver the notice to the operator or owner, as the case may be, or mail it to the operator or owner, as the case may be, known to the person served.

§ 90-16 Violation of abatement order of injunction.

An operator or owner of an adult-oriented establishment or any agent of the operator or owner who, after any injunction has been granted, uses the premises or any part of the premises, or knowingly permits the premises or any part of the premises to be used in violation of an order of abatement or injunction, shall be subject to summary punishment as for contempt of court, in the manner now provided by law.

§ 90-17 Violations and penalties.

A person violating any provision of this article commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than 30 days, or both, for each violation.

§ 90-18 Existing remedies preserved.

This article shall not be deemed to affect any other existing remedy available against an adult-oriented establishment, adult bookstore, adult motion-picture theater or adult mini-motion-picture theater, including but not limited to those set forth in Article I. (§§ 90-1 through 90-9 of Chapter 90, Adult Uses, of the Code of the Township of Pine).