[HISTORY: Adopted by the Board of Supervisors of the Township of Adams 3-9-1981 by Ord. No. 31.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Drug paraphernalia — See Ch. 93.
Zoning — See Ch. 192.
[1]
Editor's Note: This ordinance originally contained regulations on adult uses and drug paraphernalia. At the time of publication of this Code, regulations on drug paraphernalia were removed from this chapter and included in a separate chapter, Ch. 93, Drug Paraphernalia.
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 appears in the film or publication or having knowledge of the acts of lewdness, assignation or prostitution which occur on the premises.
LEWD MATTER
Any matter which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest and which depicts or describes patently offensive representations or descriptions of 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, educational 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 Adams 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 of being sketched, painted, drawn, sculptured, photographed or otherwise similarly depicted for persons who pay a fee or other consideration, compensation or 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, 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 term "model studio" does not include:
(1) 
Any studio which is operated by any state, university or college or junior college, public 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 definition.
(3) 
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 or other surface for exhibition; films, glass slides or transparencies, either in negative or positive form, designed for exhibitions by projection on a screen or other surface, and video tape or any other medium used to electronically reproduce images on a screen or other surface.
NUDE
Completely without clothing, or showing the human male or female genitals, pubic area or buttocks with less than a full opaque covering or showing the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or showing the covered male genitals in a discernibly turgid state.
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.
PUBLICATION
Includes 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 is 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 includes but it 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.
A. 
Any and every place in Adams Township where lewd films are publicly exhibited or possessed for the purpose of such exhibition, and any and every place in the Township of Adams where a lewd film is publicly exhibited or possessed for the purpose of such exhibitions or where lewd films are publicly disseminated or sold, or possessed for such dissemination is a public nuisance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Any and every lewd film which is publicly exhibited or possessed for such purpose 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 place, or its manager or acting manager or person then in charge of such place, of a true and correct copy of this chapter and order of summary abatement provided for in § 55-6 hereof, all moneys paid thereafter as an 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 Adams Township in which lewd publications constitute a part of the stock in trade is a public nuisance.
B. 
Any and every lewd publication possessed 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 place, or its manager or acting manager or person then in charge of such place, of a true and correct copy of this chapter and an order of summary abatement provided for in § 55-6 hereof, all valuable consideration received for the sale of such lewd 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 in Adams Township which, as a regular course of business, is used for the purposes of lewdness, assignation or prostitution and every such massage parlor or model studio in or upon which acts of lewdness, assignation or prostitution are held or occur is 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 this chapter and an order of summary abatement provided for in § 55-6 hereof, all moneys or other valuable consideration paid for services rendered are also declared to be a public nuisance as personal property used in conducting and maintaining a declared nuisance.
A. 
Upon and after receiving notice through service of a true and correct copy of this chapter and an order of summary abatement provided for in § 55-6 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in Adams Township which is declared to be a public nuisance, as set forth and stated in §§ 55-2, 55-3 and 55-4 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 places and subject matter declared to be public nuisances under §§ 55-2, 55-3 and 55-4 shall be abated as provided for herein.
Upon a specific finding that a public nuisance, as defined in §§ 55-2, 55-3 and 55-4 of this chapter, exists in Adams Township, the Police Department in applying the provisions of this chapter to such nuisance shall:
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 Police Department in arriving at its factual determination.
(1) 
In the case of a motion-picture film or films, such facts shall include a recitation of the particular sexual conduct and acts which the Police Department finds are patently offensive; the basis for the finding by the Police Department that such film or films are displayed, sold or held for sale at any place found by the Police Department to be a public nuisance; and the basis of the finding by the Police Department that such film or films constitute a part of the stock in trade of such place of business or other place.
(2) 
In the case of a publication or publications, such facts shall include a recitation of the particular publications or types of publications considered by the Police Department and those which the Police Department finds to be patently offensive; the basis for the finding by the Police Department that such publications are displayed, sold or held for sale at any place found by the Police Department to be a public nuisance; and the basis of the finding by the Police Department 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 facts shall include a recitation of the particular acts of lewdness, assignation or prostitution which have occurred and the basis for the finding by the Police Department that such acts occurred in the course of business.
D. 
Order all persons described in § 55-5A hereof to summarily abate such public nuisance within 24 hours of service of such order on any such subject matter or to cease to use the place where the nuisance is declared to exist or to terminate the use of said premises for the purposes of lewdness, assignation or prostitution or to cause the same to be terminated.
E. 
Order the Solicitor to proceed to 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 as provided for under § 55-8 hereof.
F. 
Inform and give notice to persons designated in § 55-5A that:
(1) 
The Police Department has determined that a public nuisance presently exists at such place and address and that, under § 55-5A of this article, they are deemed to have knowledge thereof and are responsible therefor.
(2) 
In the event that the order of Adams Township has not been complied with within 24 hours, the Police Department has ordered the Solicitor, as provided for under § 55-8 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 55-6 of this chapter and, under §§ 55-5A 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 be a separate legal procedure and will 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.
(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.
(4) 
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 this chapter, any and all moneys paid as an admission price to or for the exhibition 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 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.
A. 
Upon judgment for Adams 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 §§ 55-2, 55-3 and 55-4. Such moneys or their equivalent, and any valuable consideration received, shall be forfeited to the general fund of Adams Township as property of Adams Township if any valuable consideration received is not money.
B. 
The cost of abatement shall include the following:
(1) 
Investigative costs.
(2) 
Court costs.
(3) 
Reasonable attorneys' fees arising out of the preparation for and trial of the cause and appeals therefrom and other costs allowed on appeal.
(4) 
Printing costs of trial and appellate briefs and of all other papers filed in such proceeding.
C. 
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.
Upon a specific finding by the Police Department of the fact that a public nuisance exists at a particular location, the Solicitor, with the approval of the Board of Supervisors, is authorized to take whatever action is appropriate. Approval of the Board of Supervisors may be by formal resolution or informally followed by formal ratification.