The Board of Commissioners 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, central of family life, community welfare and the development
of human personality; and 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 the public safety; and that the continued operation of
such activities is detrimental to the best health, safety, convenience, good
morals and general welfare of the Township of South Fayette and of the residents,
citizens, inhabitants and businesses thereof. The Board of Commissioners hereby
declares such activities to be a public nuisance and herein establishes procedures
for the abatement thereof. This chapter shall apply to existing establishments
which are presently engaged in the type of activity herein declared to be
a public nuisance.
As used in this chapter, the following terms shall have the meanings
indicated:
KNOWLEDGE OR KNOWLEDGE OF SUCH NUISANCE
Having knowledge of the contents and character of the patently offensive
sexual conduct or demonstration which appeals in the file, publication or
knowledge of the acts of lewdness, assignation or prostitution which occur
on the premises.
LEWD MATTER
Any matter which:
A.
The average persons, applying contemporary community standards, would
find, when considered as a whole, appeals to the prurient interest; and
B.
Depicts or describes patently offensive representations or descriptions
of:
(1)
Ultimate sexual acts, normal or perverted, actual or simulated; or
(2)
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.
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 the
township, 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 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 persons, 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 definition; or
(3)
Any studio operated by a tax-exempt, nonprofit corporation devoted to
the development of art and its appreciation.
MOTION-PICTURE FILM
C.
Film designed to be projected on a screen for exhibition;
D.
Film, glass slides or transparencies, either in negative or positive
form, designed for exhibition by projection on a screen; or
E.
Videotape or any other medium used to electronically reproduce images
on a screen.
NUDE
A.
Completely without clothing; or
B.
With the human male or female genitals, pubic area or buttocks with
less than a full opaque covering, 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 discernibly turgid state.
PERSONS
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.
PUBLICATION
Any book, magazine, article, pamphlet, writing, printing, illustration,
picture, sound recording or a motion-picture film which is displayed in an
area open to the public and 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 considerations, and shall include but is not limited to any lease
or rental agreement or other transaction wherein or whereby any valuable consideration
is received for the use of or transfer or possession of lewd matter.
Upon a specific finding that a public nuisance, as defined in §
94-3, §
94-4 or §
94-5 of this chapter, exists in the Township of South Fayette, the Board of Commissioners, 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 Board
of Commissioners 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 Board
of Commissioners finds are patently offensive and the basis for the finding
by the Board of Commissioners that such films are publicly exhibited in the
course of business or that 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 publication or publications, such shall
include a recitation of the particular publications or types of publications
considered by the Board of Commissioners and those which the Board of Commissioners
finds to be patently offensive, the basis for the finding of the Board of
Commissioners that such publications are displayed, sold or held for sale
at any place found by the Board of Commissioners to be a public nuisance and
the basis of the finding by the Board of Commissioners 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 the particular acts of lewdness, assignation
or prostitution which have occurred and the basis of the finding by the Board
of Commissioners that such acts occur in the course of business.
D. Order all persons described in §
94-6A 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 such sale of 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 purpose of lewdness, assignation or prostitution or causing the same to be terminated and notifying the Township Secretary and the Board of Commissioners of compliance therewith by sworn affidavit as ordered by the action of the Board of Commissioners in such resolution.
E. Order the Township Solicitor to proceed as directed in §
94-9 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 §
94-6A of this chapter that they are deemed to have knowledge thereof and are responsible therefor and that:
(1) The Board of Commissioners has determined that a public nuisance presently exists at such place and address and that, under §
94-6A of this chapter, said persons 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 Board of Commissioners has ordered the Borough Solicitor, as provided for under §
94-9 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under §
94-7 of this chapter and that under §
94-8A and
B of this chapter, 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, firms, 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, acting
manager or persons 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.
Upon a special finding by resolution of the Board of Commissioners of
the fact that a public nuisance exists at a particular location, the Township
Solicitor shall, not later than three 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 Board
of Commissioners 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 Board
of Commissioners 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 nuisances received notice of the finding by the Board of
Commissioners by resolution that the public nuisance exists, and a judgment
that such moneys or valuable consideration are a public nuisance under this
chapter.
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 of South Fayette or as property
belonging to the Township of South Fayette.
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 or prostitution
at any time in the future in the Township of South Fayette, and such other
injunctive relief as the Court may order.
G. An order that all positive prints of the named lewd films
and all lewd publications or copies or reproductions thereof be forfeited
as contraband under this chapter.
H. Judgment for the Township of South Fayette for all costs
therein expended, including investigative costs, court costs, reasonable attorney's
fees and such other expenses as are provided for herein.
I. All other relief as the Court may deem proper.
Any person violating any of the provisions of this ordinance shall,
upon summary conviction before any District Justice of the Township of South
Fayette or elsewhere, be subject to a fine of not more than $600 for each
and every offense, plus costs of prosecution for each offense and, in default
of payment of such fine and costs, to imprisonment in the county jail for
a term not exceeding 30 days. Each day a violation exists shall constitute
a separate offense.