[HISTORY: Adopted by the Council of the Borough of Sharon
Hill 2-10-1982 by Ord. No. 1108 (Ch. 71 of the 1972 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 252.
The Borough Council finds that the crass commercial exploitation
of explicit sexual conduct through the public exhibition of lewd films
and the display and/or sale of lewd publications and the use of so-called
massage parlors and model studios for purposes of lewdness, assignation
or prostitution constitutes a debasement and distortion of a sensitive
key relationship of human existence central to family life, community
welfare and the development of human personality; is indecent and
offensive to the senses and to public morals; and interferes with
the comfortable enjoyment of life and property in that such interferes
with the interest of the public in the quality of life and total community
environment, the tone of commerce in the Borough, 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 Borough of Sharon Hill and of the residents,
citizens, inhabitants and businesses thereof. This chapter shall apply
to existing establishments which are presently engaged in the type
of activity herein declared to be a public nuisance.
As used in this chapter, 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 the film
or publication or knowledge of the acts, lewdness, assignation or
prostitution which occurs on the premises.
Any matter which the average person, applying contemporary
community standards, would find, when considered as a whole, appeals
to the prurient interest 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 exhibition of the genitals or genital area. Nothing herein contained
is intended to include or prescribe 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.
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 or a publication, or both.
Any premises on which 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 gratuity for the right
or opportunity so to depict the figure model or for admission to the
premises or for permission to remain upon or as a condition for remaining
upon the premises; or
Any premises 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.
The words "model studio" do not include any of the following:
Any studio which is operated by any public school or any governmental
agency wherein the person, firm, association, partnership or corporation
operating it 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 premises 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.
Any studio operated by a tax-exempt, nonprofit corporation devoted
to the development of art and its appreciation.
Any film or plate negative.
Any film or plate positive.
Any film designed to be projected on a screen for exhibition.
Any films, glass slides or transparencies, either in negative
or positive form, designed for exhibition by projection on a screen.
Any videotape or any other medium used to electronically reproduce
images on a screen.
Completely without clothing; or
The human male or female genitals, pubic area or buttocks exposed
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.
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.
Any book, magazine, article, pamphlet, writing, printing,
illustration, picture, sound recording or 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 lewd matter.
A.
Any and every place in the Borough of Sharon Hill where lewd films
are publicly exhibited or possessed for the purpose of such exhibition
and any and every place in the Borough of Sharon Hill 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, its manager, acting manager or person then in charge of such place of a true and correct copy of this chapter and a true and correct copy of the resolution and order of summary abatement provided for in § 212-7 hereof, all moneys 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.
Any and every place in the Borough of Sharon Hill in which lewd publications
constitute a part of the stock-in-trade is a public nuisance.
B.
Any and every lewd publication possessed 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 place, its manager, acting manager or person then in charge of such place of a true and correct copy of this chapter and a true and correct copy of the resolution and order of summary abatement provided for in § 212-7 hereof, all valuable consideration received for the sale of such lewd publications is 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 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.
A.
Upon and after receiving notice through service of a true and correct copy of this chapter and of a true and correct copy of the resolution and order of summary abatement provided for in § 212-7 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in the Borough of Sharon Hill which is declared to be a public nuisance as set forth and stated in § 212-3, 212-4 or 212-5 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 § 212-3, 212-4 or 212-5 of this chapter, exists in the Borough of Sharon Hill, the Borough Council, in applying the provisions of this chapter to such nuisance, shall provide for the following by 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 the nuisance.
C.
Set forth the evidentiary facts considered by the Borough Council
in arriving at its factual determination.
(1)
In the case of a motion-picture film or films, such shall include
recitation of the particular sexual conduct and acts which the Borough
Council finds are patently offensive and the basis for the finding
by the Borough Council that:
(2)
In the case of a publication or publications, such shall include
a recitation of:
(a)
The particular publications considered by the Borough Council
and those which the Borough Council finds to be patently offensive.
(b)
The basis for the finding by the Borough Council that such publications
are displayed, sold or held for sale at any place found by the Borough
Council to be a public nuisance.
(c)
The basis of the finding by the Borough Council that such publications
constitute a part of the stock-in-trade of such place of business
or other place.
D.
Order all persons described in § 212-6A 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 subject matter or by ceasing to use the place where the nuisance is declared to exist or by terminating the use of said premises for the purposes of lewdness, assignation or prostitution or causing the same to be terminated and notifying the Chief of Police of the Borough of compliance therewith by sworn affidavit as ordered by the action of the Borough Council in such resolution.
E.
Order the Solicitor for the Borough to proceed as directed in § 212-9 of this chapter 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 § 212-6A that:
(1)
The Borough Council has determined that a public nuisance presently exists at such place and address and that, under § 212-6A of this chapter, they are deemed to have knowledge thereof and are responsible therefor.
(2)
In the event that the order of the Borough is not complied with within 24 hours, the Borough Council has ordered the Solicitor, as provided for under § 212-9 hereof, to commence necessary legal proceedings, naming such persons as defendants in a civil action to abate the same judicially under § 212-7 of this chapter, and that, under § 212-8 of this chapter, 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 or persons, firm, association, partnership, corporation or other entity deemed to be in violation of this chapter.
(3)
All lewd motion-picture films or lewd publications being used in
conducting and maintaining such public nuisance are contraband and
the subject of forfeiture.
(4)
From and after service on the place, its manager, acting manager
or person then in charge of such place of a true and correct copy
of this chapter 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 such lewd motion-picture films and valuable consideration
received for the sale of such lewd publications 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, are the subject of forfeiture.
G.
Order that a true and correct copy of said resolution and 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 the Borough of Sharon Hill 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 § 212-3C, 212-4C or 212-5 of this chapter. Such moneys or their equivalent and any valuable consideration received shall be forfeited to the general fund of the Borough of Sharon Hill or to the Borough as property of the Borough of Sharon Hill if any valuable consideration received is not money.
B.
Cost of abatement.
(1)
The cost of abatement shall include the following:
(2)
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 personal obligation against
any person or persons, firm, association, partnership, corporation
or other entity and shall be collected at the same time in the same
manner as ordinary Borough 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 Borough taxes. All laws applicable
to the levy, collection and enforcement of Borough taxes shall be
applicable to such special assessment.
Upon a specific finding by resolution of the Borough of Sharon
Hill of the fact that a public nuisance exists at a particular location,
the Solicitor shall, not later than three days after passage of said
resolution, commence legal proceedings by the filing of a civil action
seeking the following relief:
A.
A declaratory judgment that the matter named by the Borough Council
is lewd as defined herein.
B.
A declaratory judgment that the matter found to be lewd is or are
public nuisances per se under this chapter and such resolution.
C.
A declaratory judgment that each place named by the Borough Council
is a public nuisance under this chapter and such resolution.
D.
An accounting of all moneys paid as admission price to or for the
exhibition or exhibitions of such lewd motion-picture films and valuable
consideration received for the sale of such lewd publications and
all moneys or other valuable consideration received for services rendered
in such massage parlors or model studios from and after the time the
persons maintaining said nuisance received notice of the finding by
the Borough Council by resolution that the public nuisance exists
and a judgment that such moneys or valuable consideration are a public
nuisance under this chapter.
E.
An order that all admission-price moneys or valuable consideration
received and enumerated in the court-ordered accounting be forfeited
as contraband to the general fund of the Borough of Sharon Hill or
as property belonging to the Borough of Sharon Hill.
F.
An injunction enjoining and restraining all persons responsible for
maintaining said nuisance from possessing or publicly exhibiting said
lewd motion-picture films or from selling or possessing for sale said
lewd publications or from committing acts of lewdness, assignation
or prostitution at any time in the future in the Borough of Sharon
Hill and such other injunctive relief as the court may order.
G.
An order that all positive prints of the named lewd film and all
lewd publications or copies or reproductions thereof be forfeited
as contraband under this chapter.
H.
Judgment for the Borough of Sharon Hill for all costs therein expended,
including investigative costs, court costs, reasonable attorney's
fees and such other expenses as are provided for herein.
I.
All other relief as the court may deem proper.
