[HISTORY: Adopted by the Board of Commissioners of the Township of
Patterson 12-10-1984 as Ord. No. 281.
Amendments noted where applicable.]
A.
AUDIENCE
DISPLAY PUBLICLY
DISSEMINATE
LEWD MATERIAL
As used in this chapter, the following terms shall have
the meanings indicated:
One (1) or more persons who are permitted to view a performance for
valuable consideration or in or from a public place.
To expose, place, post, exhibit or in any other fashion display in
any location, whether public or private, material or a performance in such
a manner that it may be readily seen and its content or character distinguished
by viewing it in or from a public place or vehicle.
To manufacture, issue, publish, sell, lend, distribute, transmit,
broadcast, exhibit or present material, or to offer or agree to do the same,
or to have in one's possession with intent to do the same.
Any material or performance in which all of the following elements
are present:
(1)
Considered as a whole by the average person applying
the contemporary community standards of the Township of Patterson, Beaver
County, it appeals to the prurient interest in sex.
(2)
It depicts, describes or represents, in a patently offensive
way, sexual conduct, as hereinafter defined.
(3)
MATERIAL
NUDITY
PANDER
PERFORMANCE
PERSON
PRURIENT INTEREST
PUBLIC PLACE OR VEHICLE
SADOMASOCHISTIC ABUSE
SEXUAL CONDUCT
(a)
(b)
(c)
(d)
(e)
(f)
SEXUAL EXCITEMENT
Taken as a whole, it lacks serious literary, artistic,
political, educational or scientific values.
Any printed matter, visual representation or sound recording, including
but not limited to books, magazines, motion-picture films, pamphlets, newspapers,
pictures, photographs, drawings, three-dimensional forms, sculptures and phonograph,
tape or wire recordings.
Uncovered, or less than opaquely covered, post-pubertal human genitals
or pubic area, the post-pubertal human female breast below a point immediately
above the top of the areola or the covered human male genitals in a discernibly
turgid state. For the purpose of this definition, a female breast is considered
uncovered if the nipple only or the nipple and the areola only are covered.
Advertising or propagandizing in connection with the sale of material,
the offering of a service or the presentation or exhibition of a performance
by appealing to the prurient interest of potential customers.
Any live or reproduced exhibition, including but not limited to any
play, motion-picture film, dance or appearance presented to or performed before
an audience.
Any individual, partnership, firm, association, corporation or other
legal entity.
Desire or craving for sexual stimulation or gratification. In determining
"prurient interest," the material or performance shall be judged with reference
to average persons, unless it appears from the character of the material or
performance that it is designed to appeal to the prurient interest of a particular
group of persons, including but not limited to homosexuals or sadomasochists.
In that case, it shall be judged with reference to the particular group for
which it was designed.
Any street, alley, park, boulevard, school or other public property
or any dance hall, rental hall, theater, amusement park, liquor establishment,
store, depot, place of public accommodation or other private property in the
Township of Patterson, Beaver County, generally frequented by the public for
the purposes of education, recreation, amusement, entertainment, sport, shopping
or travel; or any vehicle for public transportation owned or operated by the
government, either directly or through a public corporation or authority,
or owned or operated by any nongovernmental agency for the use, enjoyment
or transportation of the general public.
Flagellation or torture by or upon a person who is nude or clad in
undergarments or in a sexually revealing or bizarre costume, or the condition
of such person being fettered, bound or otherwise physically restrained, in
an apparent act of sexual stimulation or gratification.
Masturbation;
Sexual intercourse, whether genital-genital, oral-genital, oral-anal
or anal-genital;
Any erotic fondling or touching of the covered or uncovered genitals,
buttocks, pubic area or any part of the breasts of the female, whether the
conduct described in Subsections (1) through (3) is engaged in alone or between
members of the same or opposite sex or between humans and animals or humans
and inanimate objects;
Actual or simulated display or exhibition of the human pubic area or
genitals or any part thereof;
Sexual excitement, as hereinafter defined; or
Sadomasochistic abuse as herein defined.
The facial expressions, movements, utterances or any other physical
responses of a human male or female, whether alone or with others, whether
clothed or not, who is in an apparent state of sexual stimulation or arousal
or experiencing the physical or sensual reactions of humans engaged in or
witnessing sexual conduct.
B.
As used in this chapter, the masculine shall include
the feminine and neuter.
It shall be unlawful for any person to disseminate and/or promote and/or
display publicly lewd material in the Township of Patterson, Beaver County.
A person shall be guilty of the offense of disseminating and/or promoting
and/or displaying publicly lewd material if, knowing its content and character,
he:
A.
Disseminates or causes to be disseminated any lewd material
in or from a public place or vehicle or for valuable consideration; or has
in his possession any lewd material with intent to so disseminate; or knowingly
allows the use of any business, building, vehicle or place owned, leased,
conducted or managed by him for such dissemination of lewd material;
B.
Sells an admission ticket or pass to premises where there
is being exhibited or is about to be exhibited lewd material or a performance
which contains lewd material;
C.
Admits, by accepting a ticket or pass, a person to premises
where there is being exhibited or is about to be exhibited lewd material or
a performance which contains lewd material;
D.
Produces, presents, directs or knowingly allows the use
of any business, building, vehicle or place owned, leased, conducted or managed
by him to be used for a performance which contains lewd material before an
audience;
E.
Participates in that portion of a live performance before
an audience which makes the performance contain lewd material; or
F.
Panders, displays publicly or disseminates door to door
any lewd material, or causes such pandering, public display or door-to-door
dissemination.
[Amended 2-8-1996 by Ord. No. 348]
Any person who shall violate this chapter shall, upon conviction thereof,
be sentenced to pay a fine of not more than six hundred dollars ($600.) plus
costs of prosecution and, in default of payment of such fine and costs, to
imprisonment for a term not to exceed thirty (30) days. Each day a violation
of this chapter continues shall constitute a separate offense.
[Amended 4-11-1996 by Ord. No. 351]
A.
Legislative findings and intent.
(2)
The Township of Patterson finds that such activities
are detrimental to the best health, safety, convenience, morals and general
welfare of the township and the citizens and businesses thereof.
(3)
The Township of Patterson hereby declares such activities
to be a public nuisance and herein establishes procedures for the abatement
thereof.
B.
Knowledge of nuisance presumed from notice or summons
and complaint; responsibility of parties; abatement of nuisances.
(1)
Upon and after receiving notice through service of a
true and correct copy of this chapter and a true and correct copy of the summons
and complaint to abate a nuisance or notice by the Township Solicitor of the
character of the activity deemed a nuisance, 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 and
stated in this chapter is deemed to be a person who has knowledge of such
nuisance for the purpose of this chapter and may, thereafter, be responsible
for its maintenance, and liable therefor.
(2)
The places and matters declared to be public nuisances
shall be abated as provided for herein.
C.
Who may take action; posting of bond.
(1)
The Township Solicitor or any citizen of the Commonwealth
of Pennsylvania residing within the Township may maintain an action of an
equitable nature in the name of the township upon the relation of such Township
Solicitor or citizen to abate a nuisance.
(2)
No bond shall be required of the Township Solicitor.
If such action is instituted by a private citizen, a bond shall be required
in the amount of not less than one thousand dollars ($1,000.) to secure to
the defendants the proximate damages which may be sustained, including attorney's
fees, if any Court finds that there was no reasonable grounds for said action
instituted by a private citizen.
(3)
The Township Solicitor shall have the right to present
arguments and authorities on behalf of either party.
D.
Remedies.
(1)
Money damages may be recovered:
(a)
For compensation for loss or harm suffered to person
or property by the township or private citizen flowing from such nuisance.
(b)
As exemplary or punitive damages for the sake of example
or to punish the offender, where it is shown that the offender has been guilty
of malice. "Malice" means an intent to maintain, permit or allow a nuisance
to exist.
(2)
Preliminary and permanent injunctions may be issued to
prevent activity in the furtherance of said nuisance. The procedures for obtaining
such injunctions shall be governed by the rules of civil procedure, preserving
the right of trial by jury upon the application for permanent injunction.
(3)
Upon the application for preliminary injunction, the
Court shall set the matter for a hearing no earlier than two (2) days and
no later than ten (10) days from the date of service of the summons and complaint.
(4)
Upon the trial on the merits of the permanent injunction,
if the Court finds a place to be a nuisance, the Court may issue an order
closing the place to all uses and purposes for the period of one (1) year.
If the offenders or persons owning, in control or in charge of such place
certify that the nuisance has been abated and, at the discretion of the Court,
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 nuisance,
the Court may release such person or persons from the closure order. The release
shall remain in effect for one (1) year or until the nuisance is found to
exist at the place before the expiration of one (1) year. 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 (1) year, provided that the nuisance is not maintained or re-established
within that year.
E.
Forfeiture to General Fund; cost of abatement; manner
of collection.
(1)
If the existence of the nuisance is established at the
trial, a judgment shall be, entered which shall permanently enjoin the defendants,
and any other person with notice or knowledge of the action and judgment,
from maintaining the nuisance at said place and the defendants from maintaining
such nuisance elsewhere, and the entire expenses of such abatement action
shall be recovered by the plaintiff as part of his costs.
(2)
The cost of abatement shall include the, following:
(3)
Such costs of abatement may be made a special assessment
against the place or the parcel of land upon which such place is located.
Upon its determination in a civil action, such costs shall, by separate legal
proceeding, be made a lien against such property and personal obligation against
any person 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.
(4)
Upon judgment for the plaintiff in legal
proceedings brought pursuant to this chapter, an accounting shall be made
by such defendant or defendants of all monies or valuable consideration received
by them which have been declared to be a public nuisance under this chapter.
Such monies 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 is not money.
