[Adopted by Ord. No. 6-9-80E]
50.1.1.
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 lewdness, assignation
or prostitution which occur in any place.
50.1.2.
LEWD MATTER — Any matter:
1.
Which the average person, applying contemporary community standards,
would find, when considered as a whole, appeals to the prurient interest;
and either 50.1.2.2 or 50.1.2.3 or both below.
[Amended by Ord. No. 4-12-81E]
3.
Which is used to sexually stimulate or arouse sexual stimulation
or is displayed or offered for sale on the basis that it can be used
for sexual stimulation or arousal whether or not the claim by the
seller is true or not and whether or not the matter taken out of the
context of its display or sale could be used in a non-lewd fashion.
[Added by Ord. No. 4-12-82E]
50.1.3.
Nothing herein contained is intended to include or proscribe any
matter which, when considered as a whole and in the context in which
it is used, possesses serious literary, artistic, political or scientific
value.
50.1.4.
LIVE THEATER PRODUCTION — Any dramatic, musical or comedic
production performed in the presence of a live audience.
50.1.5.
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.
50.1.6.
MASSAGE PARLOR — Any building or structure or portion thereof,
located within the municipality, which is open to members of the general
public, with or without the payment of a fee, at which massage services
are offered.
50.1.7.
MATTER — A motion-picture film, live theater production, publication
or any sculptured, molded, formed or shaped device or artifact, or
all four.
[Amended by Ord. No. 4-12-81E]
50.1.8.
MODEL STUDIO:
1.
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; or
2.
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.
3.
Exception. The words "model studio" do not include:
a.
Any studio which is operated by any state 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
b.
Any place where there is conducted the business of furnishing, providing
or procuring figure models solely for any studio described in Subsection
a of this definition.
50.1.9.
MOTION-PICTURE FILM — Includes any:
1.
Film or plate negative.
2.
Film or plate positive.
3.
Film designed to be projected on a screen for exhibition.
4.
Films, glass slides or transparencies, either in negative or positive
form, designed for exhibition by projection on a screen.
5.
Video tape or any other medium used to electronically reproduce images
on a screen.
50.1.10.
NUDE — Includes:
1.
Completely without clothing; or
2.
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 thereof below
the top of the nipple or the covered male genitals in a discernibly
turgid state.
50.1.11.
PERSON — Any individual, partnership, firm, association,
corporation or other legal entity.
50.1.12.
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.
50.1.13.
PUBLICATION — 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.
50.1.14.
SALE — 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 lewd matter.
50.2.1.
Any and every place in the municipality where lewd 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
municipality where a lewd motion-picture film or live theater production
is publicly or repeatedly exhibited or possessed for the purpose of
such exhibitions, is a public nuisance.
50.2.2.
Any and every lewd motion-picture film which is publicly exhibited
or possessed for such purpose at a place which is a public nuisance
under 50.2.1 above, is a public nuisance per se.
50.2.3.
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 ordinance and a true land correct copy of the resolution and
order of summary abatement provided for in 50.6 hereof, all moneys
paid thereafter as admission price to such exhibitions or productions
are also declared to be a public nuisance, as personal property used
in conducting and maintaining a declared public nuisance.
[Amended by Ord. No. 4-12-812E]
50.3.1.
Any and every place in the municipality where lewd publications or
lewd matter or both constitute a part of the stock-in-trade is a public
nuisance.
50.3.2.
Any and every place in the municipality where lewd publications or
lewd matter or both constitute a part of the stock-in-trade is a public
nuisance.
50.3.3.
From and after service on the place or the manager or acting manager
or person then in charge of such a place of a true and correct copy
of this ordinance and a true copy of the resolution and order of summary
abatement provided for in section "Action to be taken by Council"
hereof, all valuable consideration received for the sale of such lewd
publications or lewd matters or both is declared to be a public nuisance,
as personal property used in conducting and maintaining a declared
public nuisance.
50.4.1.
Every massage parlor or model studio, which, as a regular course
of business, is used for the purposes of lewdness, assignation or
prostitution, and every such massage parlor or model studio in or
upon which acts of lewdness, assignations or prostitution are held
or occur, is a public nuisance which shall be enjoined, abated and
prevented.
50.4.2.
From and after service on the place or its manager or acting manager
or person then in charge of such place of a true land correct copy
of the resolution and order of summary abatement provided for in section
"Action to be taken by Council "hereof, all moneys 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.
50.5.1.
Upon and after receiving notice through service of a true and correct
copy of this ordinance and a true and correct copy of the resolution
and order of summary abatement provided for in 50.6 hereof, any and
every person who shall own, legally or equitably, lease, maintain,
manage, conduct or operate a place in the municipality which is declared
to be a public nuisance, as set forth and stated in 50.2, 50.3 and
50.4 of this ordinance, is deemed to be a person who has knowledge
of such nuisance for the purpose of this ordinance and is, thereafter,
responsible for its maintenance and shall be liable therefor.
50.5.2.
The places and matters declared to be public nuisances under 50.2,
50.3 and 50.4 shall be abated as provided for herein.
50.6.1.
The Council shall investigate or cause to be investigated all complaints
that activity constituting a public nuisance, as defined in 50.2,
50.3 and 50.4 of this ordinance, exists in the municipality. Upon
the Council's specific finding that a public nuisance exists
in the municipality, the Council, in applying the provisions of this
ordinance to such nuisance, shall provide for the following, by resolution:
1.
Declare the fact that such nuisance exists.
2.
Set forth the description or legal description and street address
of the place which constitutes the nuisance.
3.
Set forth the evidentiary facts considered by the Council in arriving
at its factual determination.
a.
In the case of a motion-picture film or live theater production,
such shall include a recitation of the particular sexual conduct and
acts which the Council finds are patently offensive and the basis
for the finding by Council that such motion-picture film or live theater
production is publicly exhibited or produced in the course of business
or that such motion-picture film or live theater production is publicly
or repeatedly exhibited or produced or held for such exhibition or
production at the place declared to be a nuisance.
b.
In the case of a publication or matter or both, such shall include
a recitation of the particular publications or matter or both or types
of publications or matter or both considered by the Council and those
which the Council finds to be patently offensive and the basis for
the finding by the Council that such publications or matter or both
are displayed, sold or held for sale at any place found by the Council
to be a public nuisance and the basis of the finding by the Council
that such publications or matter or both constitute a part of the
stock-in-trade of such place of business or other place.
[Amended by Ord. No. 4-12-82E, approved 4-20-1982]
c.
In the case of a massage parlor or model studio, such shall include
a recitation of the particular acts of lewdness, assignations or prostitution
which have occurred and the basis for the finding by the Council that
such acts occur in the course of business.
4.
Order all persons described in 50.5.1 hereof to summarily abate such
public nuisance within 24 hours of service of such order on any such
persons, by terminating the exhibition, sale or possession for sale
of such lewd matter or by ceasing to use the place where the nuisance
is declared to exist or by terminating the use of said place for the
purposes of lewdness, assignation or prostitution or causing the same
to be terminated and notifying the Council of compliance therewith
by sworn affidavit as ordered by the action of the Council in such
resolution.
5.
Order the Municipal 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.
6.
Inform and give notice to persons designated in 50.5.1.
a.
That the Council has determined that a public nuisance presently
exists at such place and address and that, under 50.5.1 of said ordinance,
they are deemed to have knowledge thereof and are responsible therefor.
b.
That, in the event the order of the municipality is not complied
with within 24 hours, the Council has ordered the Municipal Solicitor,
as provided for under 50.8 hereof, to commence necessary legal proceedings
naming such persons as defendants in a civil action to abate the public
nuisance, judicially, under this section, and that, under 50.7.1 and
50.7.2 of this ordinance, the costs of abatement of such civil abatement
action filed, including investigative costs, court costs, attorney's
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, by separate legal
procedure, be made a lien against such property and a personal obligation
against any person deemed to be in violation of this ordinance.
c.
All lewd motion-picture films, lewd publications or lewd matter being
used in conducting and maintaining such public nuisance are contraband
and the subject of forfeiture.
[Amended by Ord. No. 4-12-82E]
d.
From and after service on the place or its manager or acting manager
or person then in charge of such a place of a true and correct copy
of this ordinance and a true and correct copy of such resolution,
any and all moneys paid as admission price to or for the exhibition
or exhibitions of lewd motion-picture films or production of such
lewd live theatre productions and valuable consideration received
for the sale of such lewd publications and/or lewd matter or both
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, as the subject of forfeiture.
[Amended by Ord. No. 4-12-82E]
7.
In order that a true and correct copy of said resolution and a true
and correct copy of this ordinance 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.
50.7.1.
Upon judgment for the municipality in legal proceedings brought pursuant
to this ordinance, 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 50.2.3, 50.3.3
or 50.4.2 of this ordinance. Such moneys or their equivalent and any
valuable consideration received shall be forfeited to the general
fund of the municipality or to the municipality as property of the
municipality if any valuable consideration received is not money.
50.7.2.
Cost of abatement. The cost of the abatement shall include the following:
50.7.3.
Such cost of abatement is hereby made a special assessment against
the parcel of land upon which such nuisance in 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 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.
50.8.1.
Upon a specific finding by resolution of the Council that a public
nuisance exists at a particular location, the Municipal Solicitor,
with the approval of the Council, is authorized to take whatever action
is appropriate to carry out this ordinance.
50.9.1.
If any court shall determine that any word, clause, phrase, sentence,
paragraph or subsection of this ordinance is unconstitutional, the
court shall first attempt to construe or interpret such unconstitutional
provision so as to enable the same to be constitutional as so narrowed
or construed. If the court cannot so limit or construe such word or
provision narrowly so as to render the same constitutional, it shall
strike or modify only the minimum number of words, phrases, clauses,
sentences or paragraphs as well be absolutely necessary to render
the remainder constitutional. In no case shall a clause or phrase
or word or other portion hereof render any other word, clause, phrase,
sentence, paragraph or section unconstitutional, but instead shall
be severed therefrom entirely, with the balance of this ordinance
in its entirety remaining in full force and effect.
50.10.1.
Any ordinance or part of an ordinance conflicting with the provisions
of this ordinance shall be and the same is hereby repealed to the
extent of such conflict.
