[Ord. 350, 11/8/1978, § 1]
The Council of the Borough of Liberty 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 of Liberty, 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 Liberty, and of the residents, citizens, inhabitants and
businesses thereof. The Council of the Borough of Liberty hereby declares
such activities to be a public nuisance, and herein establishes procedures
for the abatement thereof. This Part shall apply to existing establishments
which are presently engaged in the type of activity herein declared
to be a public nuisance.
[Ord. 350, 11/8/1978, § 2]
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 occur 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.
Which depicts or describes patently offensive representations
or descriptions of:
Ultimate sexual acts, normal or perverted, actual or simulated.
Masturbation, excretory functions, or exhibition of the genitals
or genital area.
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Nothing herein contained is intended to include or prescribe
any matter which, when considered as a whole, and in which it is used,
possesses serious literary, artistic, political or scientific value.
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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 of Liberty, 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 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 premises.
Any premises where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration or compensation
or a 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 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 A.
Any studio operated by a tax exempt, nonprofit corporation devoted
to the development of art and its appreciation.
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 in negative or
positive form, designed for exhibition by projection on a screen.
Video tape or any other medium used to electronically reproduce
images on a screen.
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 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 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, lewd matter.
[Ord. 350, 11/8/1978, § 3]
1.
Any and every place in the Borough of Liberty where lewd films are
publicly exhibited or possessed for the purpose of such exhibitions,
is a public nuisance.
3.
From and after service on the theater, or its 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 resolution and order of summary abatement provided for in § 13-107 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.
[Ord. 350, 11/8/1978, § 4]
1.
Any and every place in the Borough of Liberty in which lewd publications
constitute a part of the stock-in-trade is a public nuisance.
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 chapter and a true and correct copy of the resolution and order of summary abatement provided for in § 13-107 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.
[Ord. 350, 11/8/1978, § 5]
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.
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 the resolution and order of summary abatement provided for in § 13-107 hereof, 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. 350, 11/8/1978, § 6]
1.
Upon and after receiving notice through service of a true and correct copy of this section, and of a true and correct copy of the resolution and order of summary abatement provided for in § 13-107 hereof, any and every person who shall own, legally, or equitably, lease, maintain, manage, conduct or operate a place in the Borough of Liberty which is declared to be a public nuisance as set forth and stated in §§ 13-103, 204 or 205 of this Part, is deemed to be a person who has knowledge of such nuisance for the purpose of this Part, and is, thereafter, responsible for its maintenance, and shall be liable therefor.
[Ord. 350, 11/8/1978, § 7]
1.
Upon a specific finding that a public nuisance, as defined in §§ 13-103, 13-104 or 13-105 of this Part, exists in the Borough of Liberty, the Borough Council, in applying the provisions of this Part 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
a 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 (a) such films are publicly exhibited
in the course of business, or that (b) such film is publicly or repeatedly
exhibited, or held for such exhibition at the place declared to be
a nuisance.
(2)
In the case of a publication or publications, such shall include
a recitation of (a) the particular publications or types of publications
considered by the Borough Council, and those which the Borough Council
finds to be patently offensive, and (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, and (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.
(3)
In the case of a massage parlor or model studio, such shall
include a recitation of (a) the particular acts of lewdness, assignation
or prostitution which have occurred, and (b) the basis for the finding
by the Borough Council that such acts occur in the course of business.
D.
Order all persons described in § 13-106, Subsection 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 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 Borough Council of compliance therewith by sworn affidavit as ordered by the action of the Borough Council in such resolution.
E.
Order the Borough Solicitor to proceed as directed in § 13-109 of this section 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.
(2)
That in the event the order of the Borough is not complied with within 24 hours, the Borough Council has ordered the Borough Solicitor, as provided for under § 13-109 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 13-107 of this chapter, and that under § 13-108, Subsections 1 and 2, 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, persons, firm, association, partnership, corporation or other entity deemed to be in violation of this section.
(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, 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 such resolution,
and any all monies paid as admission price to or for the exhibition
or exhibitions of such lewd motion picture films, and 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.
[Ord. 350, 11/8/1978, § 8]
1.
Upon judgment for the Borough of Liberty in legal proceedings brought pursuant to this chapter, an accounting shall be made by such defendant or defendants of all monies or valuable consideration received by them which have been declared to be a public nuisance under §§ 13-103, Subsection 3, 13-104, Subsection 3 or 13-105, Subsection 2, of this Part. Such monies or their equivalent and any valuable consideration received shall be forfeited to the General Fund of the Borough of Liberty or to the Borough of Liberty as property of the Borough of Liberty if any valuable consideration received be not money.
2.
The cost of abatement shall include the following:
3.
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 a personal obligation against
any person, persons, firm, association, partnership, corporation or
other entity 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.
[Ord. 350, 11/8/1978, § 9]
1.
Upon a specific finding by resolution of the Borough of Liberty Council
of the fact that a public nuisance exists at a particular location,
the Borough Solicitor shall:
A.
Not later than three days after passage of said resolution, commence
legal proceedings by the filing of a civil action seeking the following
relief:
(1)
A declaratory judgment that the matter named by the Borough
Council is lewd, as defined herein.
(2)
A declaratory judgment that the matter found to be lewd is or
are public nuisances per se under this Part and such resolution.
(3)
A declaratory judgment that each place named by the Borough
Council is a public nuisance under this Part 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, and
valuable consideration received for the sale of such lewd publications,
and all monies or other valuable consideration received for the sale
of such lewd publications, and all monies 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 receive
notice of the finding by the Borough Council by resolution that such
monies or valuable consideration are a public nuisance under this
chapter.
(5)
An order that all admission price monies or valuable consideration
received and enumerated in the Court-ordered accounting be forfeited
as contraband to the General Fund of the Borough of Liberty or as
property belonging to the Borough of Liberty.
(6)
An injunction enjoining and restraining all persons responsible
for maintaining said nuisance from possession or publicly exhibiting
said lewd motion picture films, or from selling or possession for
sale said lewd publications, or from committing acts of lewdness,
assignation or prostitution, at any time in the future in the Borough
of Liberty, and such other injunctive relief as the Court may order.
(7)
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.
(8)
Judgment for the Borough of Liberty for all costs therein expended,
including investigative costs, court costs, reasonable attorney's
fees and such other expenses as are provided for herein.
(9)
All other relief as the Court may deem proper.
