[Ord. 490, 8/9/1982, § 1]
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.
Any matter:
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 by the use of any instrument.
Any building or structure or portion thereof, located within
the Borough, which is open 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.
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.
Any place where there is conducted the business of furnishing
or providing or procuring, for a fee, 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.
Exception: The words "model studio" do not include:
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.
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.
Includes any:
Film or plate negative.
Film or plate positive.
Film designated to be projected on a screen for exhibition.
Films, glass slides or transparencies, either in negative or
positive form, designed for exhibition by projection on a screen.
Videotape or any other medium used to electronically reproduce
images on a screen.
Includes:
Completely without clothing.
With the human male or female genitals, pubic area or buttocks
with less than a full opaque covering or the showing of the female
breast with less than a fully opaque covering of any portion below
the top of the nipple, or the covered male genitals in a discernibly
turgid state.
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.
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.
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.
[Ord. 490, 8/9/1982, § 2]
1.
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.
2.
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.
3.
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 Part 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.
[Ord. 490, 8/9/1982, § 3]
1.
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.
2.
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 Part 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.
[Ord. 490, 8/9/1982, § 4]
1.
Upon and after receiving notice through service of a true and correct copy of this Part 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 equitable lease, maintain, conduct or operate a place in the Borough which is declared to be a public nuisance as set forth in § 6-102 or 6-103 of this Part is deemed to be a person who has knowledge of such nuisance for the purpose of this Part, and may, thereafter, be responsible for its maintenance and liable therefor.
[Ord. 490, 8/9/1982, § 5]
1.
The Borough Solicitor or any citizen of the Commonwealth of Pennsylvania
resident within the Borough may maintain an action of an equitable
nature in the name of the Borough upon the relation of such Borough
Solicitor or citizen to abate a nuisance.
2.
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 the defendant the proximate
damages which may be sustained, including attorney's fees, if any
court finds that there were no reasonable grounds for said action.
3.
The Borough Solicitor shall have the right to present arguments and
authorities on behalf of either party.
[Ord. 490, 8/8/1982, § 6]
1.
Money damages may be recovered:
A.
For compensation for loss or harm suffered in person or property
by the Borough or private citizen flowing from such nuisance.
B.
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.
2.
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
of trial by jury upon the application for permanent injunction.
3.
Upon 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.
4.
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.
[Ord. 490, 8/9/1982, § 7]
1.
If the existence of the nuisance is established on the trial, a judgment
be entered which will 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.
2.
The cost of abatement shall include the following:
A.
Investigative costs.
B.
Court costs.
C.
Reasonable attorney's fees arising out of the preparation for, and
trial of the case, and appeals therefrom, and other costs allowed
on appeal.
D.
Printing costs of trial and appellate briefs, and all other papers
filed in such proceeding.
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Such cost 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 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 levy, collection and enforcement of municipal
taxes shall be applicable to such special assessment.
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3.
Upon judgment for the plaintiff in legal proceedings brought pursuant to this Part, an accounting shall be made by such defendants of all monies or valuable consideration received by them which have been declared to be a public nuisance under § 6-102 or 6-103 of this Part. 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.
