[HISTORY: Adopted by the Borough Council of the Borough of West Mifflin as indicated in article histories. Amendments noted where applicable.]
Noise — See Ch. 180.
[Adopted 12-18-1979 by Ord. No. 846 (Ch. 6, Part 1, of the 1999 Code of Ordinances)]
As used in this article, 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 other content which appears in the motion-picture film, publication, or live theater production, or knowledge of the acts of obscenity, assignation, or prostitution which occur in any place.
- LIVE THEATER PRODUCTION
- Any dramatic, musical or comedic production performed in the presence of a live audience.
- 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 any part of the human body or by the use of any instrument.
- MASSAGE PARLOR
- Any building or structure or portion thereof, located within the Borough, which is opened to members of the general public, with or without the payment of a fee, at which massage services are offered.
- A motion-picture film, live theater production, publication or all three.
- A. Any place where 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 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 place.
- B. Any place 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.
- C. Exception. The words "model studio" do not include:
- (1) Any studio which is operated by any state college or junior college, public or private school, or any governmental agency wherein the person, firm, association, partnership or corporation so operating 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
- (2) Any place 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.
- MOTION-PICTURE FILM
- Includes any:
- A. Film or plate negative.
- B. Film or plate positive.
- C. Film designed to be projected on a screen for exhibition.
- D. Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen.
- E. Video tape or any other medium used to electronically reproduce images on a screen.
- A. Completely without clothing.
- B. With the human male or female genitals, pubic area or buttocks with less than a full opaque covering or the showing of the breast with less than a fully opaque covering of any portion thereof below the top of nipple or the covered male genitals in a discernibly turgid state.
- OBSCENE MATTER
- Any matter:
- Any individual, partnership, firm, association, corporation or other legal entity.
- 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 or for any other type of admission or exhibition fee.
- 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 obscene matter.
Any and every place in the Borough where obscene motion-picture films or live theater productions are publicly exhibited or possessed for the purpose of such exhibition and any and every place in the Borough where obscene publications are publicly disseminated or sold or possessed for the purpose of such dissemination is a public nuisance.
Any and every obscene motion-picture film or live theater production which is publicly exhibited and any and every obscene publication which is publicly displayed, disseminated or sold or possessed for such purpose is a public nuisance per se.
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 article and a true and correct copy of the summons and complaint to abate a nuisance, all monies paid thereafter as admission price to such exhibitions or productions, or purchase price of such publications, are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
Every massage parlor or model studio which, as a regular course of business, is used for the purposes of obscenity, assignation, or prostitution and every such massage parlor or model studio in or upon which acts of obscenity, assignation or prostitution are held or occur is a public nuisance which shall be enjoined, abated and prevented.
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 article and a true and correct copy of the summons and complaint to abate a nuisance, all monies 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 this article and a true and correct copy of the summons and complaint to abate a nuisance or notice by the Borough Solicitor of the character of the obscene film, production, publication, or place, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in the Borough which is declared to be a public nuisance as set forth and stated in § 184-2 or 184-3 of this article is deemed to be a person who has knowledge of such nuisance for the purpose of this article and may, thereafter, be responsible for its maintenance and liable therefor.
The Borough Solicitor or any citizen of the Commonwealth of Pennsylvania residing within the Borough of West Mifflin may maintain an action of an equitable nature in the name of the Borough and upon the relation of such Borough Solicitor or citizen to abate a nuisance.
No bond shall be required of the Borough Solicitor. If such action is instituted by a private citizen, a bond shall be required, in the amount of not less than $500, to secure to the defendants the proximate damages which may be sustained, including attorneys' fees, if any court finds that there were no reasonable grounds for said action.
The Borough Solicitor shall have the right to present arguments and authorities on behalf of either party.
Money damages may be recovered:
For compensation for loss or harm suffered in person or property by the Borough or private citizen flowing from such nuisance.
As exemplary or punitive damages for the sake of example or to punish the offender, where it is shown that the offender has been guilty of malice. "Malice" means an intent to do a wrongful act, that is, an intent to maintain, permit, or allow a nuisance to exist.
Preliminary and permanent injunctions.
Preliminary and permanent injunctions may be issued to prevent the further maintenance of a nuisance and to prevent the further sale or exhibition of obscene motion-picture films, live theater productions and publications. The procedures for obtaining such injunctions shall be governed by the rules of civil procedure, preserving the right to trial by jury upon the application for permanent injunction.
Upon the application for preliminary injunction, the court shall set the matter for a hearing no earlier than two days and no later than five days from the date of service of the summons and complaint.
Upon the trial on the merits of the permanent injunction, if the court finds a place to be a nuisance, the court may issue an order closing the place to all uses and purposes for the period of one year. If the offenders or persons owning, in control or in charge of such place certify that the nuisance has been abated and that the films, productions, or publications found to be obscene shall not be exhibited, sold or otherwise disseminated and, at the discretion of the court, post a bond in an amount not to exceed the value of the personal property possessed or contained at such place for the maintenance of the nuisance, the court may release such person or persons from the closure order. The release shall remain in effect for one year or until the nuisance is found to exist at the place before the expiration of one year. The bond shall be deposited with the court prior to the release of any closure order and shall be returned to the person posting said bond, without interest, at the expiration of one year, provided that the nuisance is not maintained or reestablished within that year.
If the existence of the nuisance is established at the trial, a judgment shall be entered which shall permanently enjoin the defendants, and any other person with notice or knowledge of the action and judgment, from maintaining the nuisance at said place and the defendants from maintaining such nuisance elsewhere, and the entire expenses of such abatement action shall be recovered by the plaintiff as part of his costs.
The cost of abatement shall include the following:
Reasonable attorneys' fees arising out of the preparation for and trial of the case, and appeals therefrom, and other costs allowed on appeal.
Printing costs of trial and appellate briefs, and all other papers filed in such a proceeding. Such costs of abatement may be made a special assessment against the place or the parcel of land upon which such place is located. 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 and shall be collected at the same time and in the same manner as ordinary Borough taxes are collected and shall be subjected to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinary Borough taxes. All laws applicable to levy, collection and enforcement of Borough taxes shall be applicable to such special assessment.
Upon judgment for the plaintiff in legal proceedings brought pursuant to this article, an accounting shall be made by such defendant or defendants of all monies or valuable consideration received by them which has been declared to be a public nuisance under § 184-2 or 184-3 of this article. Such monies or their equivalent and any valuable consideration received shall be forfeited to the general fund of the Borough or to the Borough as property of the Borough if any valuable consideration received be not money.
[Adopted 11-21-2017 by Ord. No. 1207]
As used in this article, the following terms shall have the meanings indicated:
- Any contrivance invented, used, or designed to navigate or fly in the air.
- The Pittsburgh International Airport (PIT).
- AIRPORT AUTHORITY
- The Allegheny County Airport Authority, which is the operator of the airport.
- ENFORCEMENT ACTION
- Any action taken under this article for alleged violations of the same.
- The Federal Aviation Administration.
- INCOMPATIBLE LAND USE
- Use of land within the Borough limits that poses an undue hazard to manned aircraft departing at arriving at the airports, and to persons or property on the ground.
- LARGE COMMERCIAL UA
- An unmanned aircraft that weighs 55 pounds or more on takeoff, including everything that is on board or otherwise attached to the unmanned aircraft, and is used for a purpose other than a recreational or hobby purpose.
- MANNED AIRCRAFT
- Any aircraft operated by the input of a person who is onboard the aircraft.
- To take off or land an unmanned aircraft, or otherwise manipulate the flight controls of an unmanned aircraft.
- An individual person or a company, or other duly organized and authorized entity, but does not include the Borough, the State of Pennsylvania, the United States, or an individual person acting in an official capacity thereof.
- SAFETY CRITICAL LAND
- The land within the boundaries reflected on the map appended to this article designated "safety critical land" or which has been later designated as "safety critical land" via notice issued by Borough or the Authority.
- SMALL NONCOMMERCIAL UA
- An unmanned aircraft operated pursuant to Part 101, Subpart E of the Federal Aviation Regulations and/or Section 336 of the FAA Modernization and Reform Act of 2012.
- UAS RESTRICTED LAND
- The land within the boundaries reflected on the map appended to this article designated "UAS restricted land" or has been later designated as "UAS restricted land" via notice issued by Borough or the Authority.
- UNMANNED AIRCRAFT ("UA")
- An aircraft that is operated by a person via a ground control system, or autonomously through use of an onboard computer, communication links and any additional equipment that is necessary for the UA to operate.
No person may operate a small Noncommercial UA from a ground-based location within the Borough limits and that is situated within safety critical land.
No person may operate a small Noncommercial UA from a ground-based location within the Borough that is situated within UAS restricted land but is not situated within safety critical land unless the Airport Authority is provided with notice of the proposed operation and the Airport Authority approves of such operation.
No person may operate a small Noncommercial UA from a ground-based location within the Borough that has been designated by the Borough or the Authority to be UAS restricted land during days and/or times indicated by a notice issued by the Borough or the Authority.
No person may operate an unmanned aircraft within the geographical limits of the Borough in violation of: a) an agreement between that person and the Borough, the Airport Authority, or the FAA; or b) any term, condition, directive, or applicable regulation imposed by the FAA, including but not limited to 14 CFR Part 111, Subpart E; 14 CFR Part 107; or the terms of any waiver or special authorization issued by the FAA.
No person may operate an unmanned aircraft that weighs in excess of 250 grams, including everything that is onboard or otherwise attached to the unmanned aircraft, unless the unmanned aircraft is marked and registered in accordance with 14 C.F.R Part 47 or 48.
The Borough of West Mifflin Police shall have the authority to enforce this article by issuance of citations.
Any person violating any of the provisions of this article shall be guilty of a summary offense and, upon conviction thereof, shall pay a fine of not less than $100 nor more than $5,000.
Each violation hereunder shall constitute a separate offense, subject to the penalties provided in the preceding subsections.
After conferring with the Airport Authority, the Borough of West Mifflin Borough Police or the Airport Authority may:
Refer the matter to the FAA for investigation and enforcement action under applicable laws and regulations;
Refer the matter to the United States Attorney's Office or the Federal Bureau of Investigation for investigation and enforcement under applicable laws and regulations; and/or
Refer to the Allegheny County District Attorney for prosecution under applicable state laws.
This article is intended to be a lawful exercise of the Borough's police and regulatory powers available to it under applicable state and federal law. Nothing in this article is intended to, nor does it actually, impede or conflict with any federal law, FAA-issued restrictions or powers of the FAA to bring any action to enforce any applicable federal law or regulation or issue penalties or take any other action that the FAA is authorized to take under federal law and applicable regulations.
In the event that the FAA initiates an enforcement action against any person who is also in violation of this article and, upon written request of the FAA, the Borough shall suspend any pending enforcement action for a period of not less than 60 days. After the expiration of the suspension of enforcement proceedings, the Borough may proceed with any appropriate actions including issuance of penalties authorized by this article. Such penalties shall be in addition to any action taken by the FAA.
To the extent any portion of this article is, for whatever reason, found to be invalid, the remaining portions shall remain in full force unless and until modified by the Borough by subsequent enactment.