[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale as Ch. 6, Part 3, of the 1995 Code of Ordinances. Amendments
noted where applicable.]
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 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.
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.
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 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.
Exceptions. 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 (1) of this definition.
Includes 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.
Videotape or any other medium used to electronically reproduce
images on a screen.
Includes:
Any individual, partnership, firm or 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 or possession of, lewd matter.
A.
Any and every place in the Borough 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 Borough
where a lewd motion-picture film or live theater production is publicly
or repeatedly exhibited or possessed for the purpose of such exhibition,
is a public nuisance.
B.
Any and every lewd motion-picture film which is publicly exhibited or possessed for such purpose at a place which is a pubic nuisance under Subsection A, above, is a public nuisance per se.
C.
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 chapter and a true and correct copy of the resolution and order of summary abatement provided for in § 80-6 hereof, all monies paid thereafter as admission price to such exhibition or production are also declared to be a public nuisance as personal property used in conducting and maintaining a public nuisance.
A.
Any and every place in the Borough where 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 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 § 80-6 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.
A.
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, assignation or prostitution are held or occur is a public
nuisance which shall be enjoined, abated and prevented.
B.
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 § 80-6 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.
A.
Upon and after receiving notice through service of a true and correct copy of this chapter and a true and correct copy of the resolution and order of summary abatement provided in for § 80-6, hereof, 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 § 80-2, 80-3 or 80-4 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.
B.
Upon the Borough Council's specific finding that a public nuisance
exists in the Borough, the Borough Council, in applying the provisions
of this chapter 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 Borough Council finds are patently offensive, and the
basis for the finding by the Borough 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, such shall include a recitation
of the particular publications or types of publications considered
by the Borough Council, and those which the Borough Council finds
to be patently offensive, and 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 public nuisance, and
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.
(c)
In the case of a massage parlor or model studio, such shall
include a recitation of the particular acts of lewdness, assignation,
or prostitution which have occurred and the basis for the finding
by the Borough Council that such acts occur in the course of business.
(4)
Order all persons described in § 80-5A, 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 purpose 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.
(5)
Order the Borough 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 § 80-5A:
(a)
That the Borough Council has determined that a public nuisance presently exists at such place and address, and that, under § 80-5A of this chapter, they are deemed to have knowledge thereof and are responsible therefor.
(b)
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 § 80-8 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 § 80-7A and B of this chapter, the costs of abatement of such civil abatement action filed, including investigative costs, court costs, attorneys' 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 chapter.
(c)
All lewd motion-picture films or lewd publications being used
in conducting and maintaining such public nuisance are contraband
and the subject of forfeiture.
(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 chapter and a true and correct copy of such resolution,
any and all monies paid as admission price to or for the exhibition
or exhibitions of such lewd theater productions, and 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 are a public nuisance as personal
property used in conducting and maintaining such nuisance and, as
such, are the subject of forfeiture.
(7)
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 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 §§ 80-2C, 80-3C or 80-4B of this chapter. 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.
B.
The cost of abatement shall include the following:
C.
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, 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.
Upon a specific finding by resolution of the Council that a
public nuisance exists at a particular location, the Borough Solicitor,
with the approval of the Council, is authorized to take whatever action
is appropriate to carry out this chapter.
