Chapter 65 Adult Entertainment

Which the average person, applying contemporary West Deer Township standards, would find, when considered as a whole, appeals to the prurient interest; and

Which 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.

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 West Deer 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 a publication or device or all.

MODEL STUDIO

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 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,

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.

Exception. The words "model studio" do not include:

Any studio which is operated by any state college or junior college, public school, governmental 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; or

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.

Any studio operated by a tax exempt, nonprofit corporation devoted to the development of art and its appreciation.

MOTION-PICTURE FILM

Includes any:

Film or plate negative.

Film or plate positive.

Film designed to be projected on a screen for exhibition.

Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen.

Videotape or any other medium used to electronically reproduce images on a screen.

NUDE

Includes:

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.

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 or fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts 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 West Deer Township.

PUBLICATION

Includes 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 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 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 West Deer Township, Allegheny County, Pennsylvania, depending upon context.

§ 65-2 Nuisances.

The Supervisors find that the commercial exploitation of obscene and lewd materials and the use of massage 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, jeopardize the safety of the areas in which such commercial exploitation is permitted to occur; is contrary to the objectives and purposes set forth in the West Deer Township Comprehensive Plan, 1966; has an undesirable effect on the Township policy of neighborhood preservation and development; and erodes the high quality of life existing in the Township now; therefore, such commercial exploitation is a public nuisance.

Films.

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.

Any and every lewd or obscene film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under Subsection A(1) above is a public nuisance per se.

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 § 65-4 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.

Publications.

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.

Any and every lewd or obscene publication possessed at a place which is a public nuisance under Subsection B(1) above is a public nuisance per se.

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 § 65-4 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.

Massage parlors or model studios.

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 of lewdness, assignations or prostitution are held or occur is a public nuisance which shall be enjoined, abated and prevented.

§ 65-3 Knowledge of nuisance presumed; abatement.

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 § 65-4 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.

Upon and after receiving notice through service of a true and correct copy of the resolution and order of summary abatement provided for in § 65-4 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 § 65-2A, B or C 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.

The places and subject matter declared to be public nuisances under § 65-2A, B or C shall be abated as provided for herein.

§ 65-4 Action to be taken by Township Supervisors.

Upon a specific finding that a public nuisance, as defined in § 65-2A, B or C 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:

Declare the fact that such nuisance exists;

Set forth the description or legal description and street address of the place which constitutes the nuisance;

Set forth the evidentiary facts considered by the Township Supervisors in arriving at their factual determination.

In the case 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;

Such films are publicly exhibited in the course of business; or

Such film is publicly or repeatedly exhibited or held for such exhibition at the place declared to be a nuisance.

In the case of a publication or publications, such shall include a recitation of:

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;

The basis of the finding by 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; and

(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.

In the case of a massage parlor or model studio, such shall include a recitation of:

The particular acts of lewdness, assignation, prostitution or massage by a member of the opposite sex which have occurred; and

The basis for the finding by the Township Supervisors that such acts occur in the course of business.

Order all persons described in § 65-3A 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.

Order the Township Attorney to proceed as directed in § 65-7 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.

Inform and give notice to persons designated in § 65-3A that:

The Township Supervisors have determined that a public nuisance presently exists at such place and address and that, under § 65-3A of said chapter, they are deemed to have knowledge thereof and are responsible therefor.

In the event that the order of the Township is not complied with within 24 hours, the Township Supervisors have ordered the Township Attorney, as provided for under § 65-7 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 65-4 of this chapter, and that under § 65-5A and B of this chapter, the costs of abatement of such civil abatement action filed, including investigative costs, court costs, attorneys' 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, firm, association, partnership, corporation or other entity deemed to be in violation of this chapter.

§ 65-5 Forfeiture; cost of abatement; manner of collection.

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.

(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.

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.

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 § 65-2A(3), B(3) or C(2) 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 is not money.

Cost of abatement.

The cost of abatement shall include the following:

Investigative costs.

Court costs.

(c)

Reasonable attorneys' fees arising out of the preparation for and trial of the cause and appeals therefrom and other costs allowed on appeal.

(d)

Printing costs of trial and appellate briefs and all other papers filed in such proceeding.

§ 65-7 Action to be taken by Township Attorney.

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, by 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.

§ 65-6 Violations and penalties.

[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]

Any person, partnership or corporation who or which has violated or permitted the violation of any provision of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, shall pay a judgment of not more than $600, plus all court costs. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by a Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure, at which time, in addition to any penalties, the violator shall be liable for any attorneys’ fees and costs incurred by the Township. Each day that a violation continues or each section of this chapter which shall be found to have been violated shall constitute a separate violation.

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 declaratory judgment that the matter named by the Township Supervisors is lewd, as defined herein.

A declaratory judgment that the matter found to be lewd is or are public nuisances per se under this chapter and such resolution.