[HISTORY: Adopted by the Board of Supervisors of the
Township of Pine as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-1-1977 by Ord. No. 109]
As used in this article and unless otherwise expressly stated, the following
words and phrases shall have the meanings indicated:
Any item manufactured or processed, intended to be used or sold for
use in lewd or obscene activities.
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.
Any matter which:
The average person, applying contemporary Pine Township standards, would
find, when considered as a whole, appeals to the prurient interest, or
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.
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.
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.
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.
A motion-picture film or publication or device, or all.
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
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.
Exception. The words "model studio" do not include:
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;
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
Any studio operated by a tax-exempt, nonprofit corporation devoted to
the development of art and its appreciation.
Any film or plate negative;
Any film or plate positive;
Any film designated to be projected on a screen for exhibition;
Any films, glass slides or transparencies, either in negative or positive
form, designed for exhibition by projection on a screen; or
Any videotape or any other medium used to electronically reproduce images
on a screen.
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 fully opaque covering of any portion thereof below the top of
the nipple or the covered male genitals in a discernibly erected state.
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.
Any individual, partnership, firm, association, corporation or other
legal entity.
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.
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.
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.
The municipal government or the land within the geographical boundaries
of Pine Township, Allegheny County, Pennsylvania, depending upon the context.
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.
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.
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.
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.
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.
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:
(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:
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.
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:
(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]
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]
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.
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:
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.
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.
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.
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.
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.
The term includes, without limitation, the following establishments
when operated for profit, whether direct or indirect:
Adult bookstores.
Adult motion-picture theaters.
Adult mini-motion-picture theaters.
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.
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.
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.
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.
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.
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.
A person under 18 years of age.
A person, partnership or corporation owning, operating, conducting
or maintaining an adult-oriented establishment.
The term does not include any of the following:
Medical publications or films or bona fide educational publications
or films.
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.
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.
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.
The term includes any of the following:
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.
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.
All adult-oriented establishments shall be open to inspection at all
reasonable times by inspectors.
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.
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.
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.
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).
