[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
Adult uses — See Ch. 55.
As used in this chapter, the following terms shall have the meanings
indicated:
A drug, substance or immediate precursor as defined in Schedules
1 through 5 of the Pennsylvania Controlled Substance, Drug, Device and Cosmetic
Act, 35 P.S. § 780-104, or any amendments thereto.
Any objects, devices, instruments, apparatus or contrivances, whose
primary and traditionally exclusive use is involved with the illegal use of
any and all controlled substances under the laws of Pennsylvania.
Any business, the operation of which involves the sale, lease, trade,
gift or display for sale of any and all types of drug paraphernalia.
A substance which, under the regulations of the Pennsylvania Department
of Health, is a principal compound commonly used or produced primarily for
use, and which is an immediate chemical intermediary used or likely to be
used in the manufacture of a controlled substance.
Any individual, partnership, firm, association, corporation or other
legal entity.
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.
A use which is primary and inherent as opposed to secondary and incidental,
and is associated with certain knowledge or beliefs derived from statements
of contemporary persons and handed down through a considerable period of time.
A.
Any and every place in Adams Township in which drug paraphernalia
constitutes a part of the stock in trade is a public nuisance.
B.
Any and every item of drug paraphernalia possessed at a place which is a public nuisance under Subsection A 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 § 93-4 hereof, all valuable consideration received for the sale of such drug paraphernalia is also declared to be a public nuisance as personal property used in conducting and maintaining a declared public 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 § 93-4 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 § 93-2 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.
Upon a specific finding that a public nuisance, as defined in § 93-2 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 drug paraphernalia, such facts shall include
a recitation of the particular drug paraphernalia or types of drug paraphernalia
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 drug paraphernalia is 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 drug paraphernalia constitutes
a part of the stock in trade of such place of business or other place.
D.
Order all persons described in § 93-3A 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 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 § 93-6 hereof.
F.
Inform and give notice to persons designated in § 93-3A that:
(1)
The Police Department has determined that a public nuisance presently exists at such place and address and that, under § 93-3A of this chapter, 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 § 93-6 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 93-4 of this chapter and, under § 96-3A 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 drug paraphernalia 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 valuable consideration received for the
sale of drug paraphernalia is a public nuisance as personal property used
in conducting and maintaining such nuisance and, as such, is 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 § 93-2. 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:
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.
