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.
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.
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.