[Adopted 10-19-1977 by Ord. No. 40]
The Board of Supervisors of the Township of
Chadds Ford finds that the crass commercial exploitation of explicit
sexual conduct through the public exhibition of lewd films constitutes
a debasement and distortion of a sensitive key relationship of the
human existence, central to family life, community welfare and the
development of the human personality; it is indecent and offensive
to the senses and interferes with the comfortable enjoyment of life
and property, in that such interferes with the interest of the public
and the quality of life and total community environment, the tone
of commerce in the Township of Chadds Ford, 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 Chadds Ford, and of the residents,
citizens, inhabitants and businesses thereof. The Township of Chadds
Ford hereby declares such activities to be a public nuisance, and
herein establishes procedures for the abatement thereof. This article
shall apply to existing establishments including drive-in theaters,
which are presently engaged in the type of activity herein declared
to be a public nuisance.
As used in this article, the following terms
shall have the meanings indicated:
Having knowledge of the contents and character of the patently
offensive sexual conduct or demonstration which appears in such lewd
film, or reason to know or belief or ground for belief which warrants
further inspection or inquiry of, the character and content of the
lewd film described therein which is reasonably susceptible of examination
by the defendant.
Any motion-picture film:
Which the average person, applying contemporary
community standards, would find, when considered as a whole, appeals
to the prurient interests; 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 lewd exhibition of the genitals or genital area. Nothing herein
contained is intended to include or proscribe any film which, when
considered as a whole, and in the context in which it is used, possesses
serious literary, artistic, political or scientific value.
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
a negative or a positive form designed for exhibition by projection
on a screen; and
Videotape or any other medium used to electronically
reproduce images on a screen.
Any individual, partnership, firm, association, corporation
or other legal entity.
Includes, but is not limited to, any building, structure,
or place, or any separate part or portion thereof, whether permanent
or not, or the ground itself, or any drive-in theater.
A.
Any and every place in the Township of Chadds Ford,
Delaware County, Pennsylvania, where lewd films are publicly exhibited
or possessed for the purpose of such exhibition, and any and every
place in the Township of Chadds Ford, Delaware County, Pennsylvania,
where a lewd film is publicly or repeatedly exhibited, or possessed
for the purpose of such exhibitions, is a public nuisance.
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 theater, or its manager or acting manager, or person then in charge of such place, of a true and correct copy of this article and a true and correct copy of the resolution and order of summary abatement provided for in § 39-8 hereof, all monies 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.
A.
Upon and after receiving notice through service of a true and correct copy of this article and of a true and correct copy of the resolution, an order of summary abatement provided for in § 39-8 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in the Township of Chadds Ford, Delaware County, Pennsylvania, which is declared to be a public nuisance as set forth and stated in § 39-6A of this article, is deemed to be a person who has knowledge of such nuisance for the purpose of this article, and is, thereafter, responsible for its maintenance, and shall be liable therefor.
Upon a specific finding that a public nuisance, as defined in § 39-6 of this article, exists in the Township of Chadds Ford, Delaware County, Pennsylvania, the Board of Supervisors in applying the provisions of this article to such nuisance, shall provide for the following 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 a nuisance.
C.
Set forth the facts considered by the Board of Supervisors
of Chadds Ford Township in arriving at its factual determination on
which a nuisance is based.
(1)
In the case of a motion-picture film or films, such
shall include the recitation of a particular sexual conduct and acts
which the Board of Supervisors of Chadds Ford Township finds are patently
offensive, and the basis for the finding by the Board of Supervisors,
that:
D.
Order all persons described in § 39-7A hereof to summarily abate such public nuisance within 24 hours of service of such order by terminating the exhibition of such lewd film or films, or causing the same to be terminated, then to notify the Chairman of the Board of Supervisors of Chadds Ford Township by sworn affidavit as ordered by the action of the Township of Chadds Ford in such resolution.
E.
Order the Township Solicitor to proceed as directed in § 39-9 of this article, 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 § 39-7A that:
(1)
The Board of Supervisors of Chadds Ford Township, Delaware County, Pennsylvania, has determined that a public nuisance presently exists at such place and address subject to court confirmation, and that, under § 39-7A of said article, they are deemed to have knowledge thereof and are responsible therefor.
(2)
In the event the order of the Township of Chadds Ford is not complied with within 24 hours, the Township of Chadds Ford has ordered the Township Solicitor, provided for under § 39-9 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 39-8 of this article, and that the costs of abatement of such civil abatement action filed, including investigative costs, court costs, attorneys' fees and other expenses, may be 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 article.
(3)
All lewd motion-picture films being used in conducting
or maintaining such public nuisance are considered to be contraband
and the subject of forfeiture; and
(4)
From and after service on the place or its manager
or acting manager, or person then in charge of such place, by a certified
copy of this article and a certified copy of such resolution, any
and all monies paid as admission price to or for the exhibition or
exhibitions of such lewd motion-picture films are considered to be
a public nuisance, as personal property used in conducting and maintaining
such nuisance, and that a forfeiture of the same will be requested
in the judicial proceedings required herein.
G.
Order that a true and correct copy of said resolution
and a true and correct copy of this article 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 to be a public nuisance.
Upon a specific finding by resolution of the
Township of Chadds Ford of the fact that a public nuisance exists
at a particular location, the Township Solicitor shall:
A.
Not later than five days after passage of said resolution,
commence legal proceedings by the filing of a civil action seeking
the following relief:
(1)
A declaratory judgment or an order that the matter
named by the Supervisors of Chadds Ford Township is lewd, as defined
herein.
(2)
A declaratory judgment or an order that the matter
found to be lewd is or are public nuisances per se under this article
and such resolution.
(3)
A declaratory judgment or an order that each place
named by the Supervisors of Chadds Ford Township is a public nuisance
under this article and such resolution.
(4)
An accounting of all monies paid as admission price
to or for the exhibition or exhibitions of such lewd motion-picture
films, from and after the time the persons maintaining said nuisance
receive a copy of the resolution of the Board of Supervisors of Chadds
Ford Township that a public nuisance exists, and a judgment that such
monies are a public nuisance.
(5)
An order that all admission price monies or valuable
consideration received and enumerated and the court-ordered accounting
be forfeited to the general fund of the Township of Chadds Ford as
contraband, or as property belonging to the Township of Chadds Ford.
(6)
An injunction enjoining and restraining all persons
maintaining such nuisance from exhibiting in public the named lewd
films at any time in the future in the Township of Chadds Ford, and
such other injunctive relief as the court may order.
(7)
An order that all positive prints of the named lewd
film, or copies or reproductions thereof, be forfeited as contraband
under this article.
(8)
Judgment for the Township of Chadds Ford for all costs
therein expended, including investigative costs, court costs, reasonable
attorneys' fees, and such other expenses as provided for herein.
(9)
All other relief as the court may deem proper.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense.
