[HISTORY: Adopted by the Borough Council of the Borough of
West Mifflin as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise — See Ch. 180.
[Adopted 12-18-1979 by Ord. No. 846 (Ch. 6, Part 1, of the
1999 Code of Ordinances)]
As used in this article, 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 obscenity, assignation, or prostitution which occur in any
place.
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 any part of the human body or by the use of any instrument.
Any building or structure or portion thereof, located within
the Borough, which is opened 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.
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; or
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 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.
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 breast
with less than a fully opaque covering of any portion thereof below
the top of nipple or the covered male genitals in a discernibly turgid
state.
Any matter:
Any individual, partnership, firm, association, corporation
or other legal entity.
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 or for any other type
of admission or exhibition fee.
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.
A.
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.
B.
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.
C.
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 article 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.
A.
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.
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 article 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.
A.
Upon and after receiving notice through service of a true and correct copy of this article 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 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 § 184-2 or 184-3 of this article is deemed to be a person who has knowledge of such nuisance for the purpose of this article and may, thereafter, be responsible for its maintenance and liable therefor.
A.
The Borough Solicitor or any citizen of the Commonwealth of Pennsylvania
residing within the Borough of West Mifflin may maintain an action
of an equitable nature in the name of the Borough and upon the relation
of such Borough Solicitor or citizen to abate a nuisance.
B.
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 to the defendants the proximate
damages which may be sustained, including attorneys' fees, if
any court finds that there were no reasonable grounds for said action.
C.
The Borough Solicitor shall have the right to present arguments and
authorities on behalf of either party.
A.
Money damages may be recovered:
(1)
For compensation for loss or harm suffered in person or property
by the Borough or private citizen flowing from such nuisance.
(2)
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.
B.
Preliminary and permanent injunctions.
(1)
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
to trial by jury upon the application for permanent injunction.
(2)
Upon the 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.
(3)
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.
A.
If the existence of the nuisance is established at the trial, a judgment
shall be entered which shall 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.
B.
The cost of abatement shall include the following:
(1)
Investigative costs.
(2)
Court costs.
(3)
Reasonable attorneys' fees arising out of the preparation for
and trial of the case, and appeals therefrom, and other costs allowed
on appeal.
(4)
Printing costs of trial and appellate briefs, and all other papers
filed in such a proceeding. Such costs 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 Borough taxes
are collected and shall be subjected 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 levy, collection and
enforcement of Borough taxes shall be applicable to such special assessment.
C.
Upon judgment for the plaintiff in legal proceedings brought pursuant to this article, an accounting shall be made by such defendant or defendants of all monies or valuable consideration received by them which has been declared to be a public nuisance under § 184-2 or 184-3 of this article. 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.
[Adopted 11-21-2017 by Ord. No.
1207]
As used in this article, the following terms shall have the
meanings indicated:
Any contrivance invented, used, or designed to navigate or
fly in the air.
The Pittsburgh International Airport (PIT).
The Allegheny County Airport Authority, which is the operator
of the airport.
Any action taken under this article for alleged violations
of the same.
The Federal Aviation Administration.
Use of land within the Borough limits that poses an undue
hazard to manned aircraft departing at arriving at the airports, and
to persons or property on the ground.
An unmanned aircraft that weighs 55 pounds or more on takeoff,
including everything that is on board or otherwise attached to the
unmanned aircraft, and is used for a purpose other than a recreational
or hobby purpose.
Any aircraft operated by the input of a person who is onboard
the aircraft.
To take off or land an unmanned aircraft, or otherwise manipulate
the flight controls of an unmanned aircraft.
An individual person or a company, or other duly organized
and authorized entity, but does not include the Borough, the State
of Pennsylvania, the United States, or an individual person acting
in an official capacity thereof.
The land within the boundaries reflected on the map appended
to this article[1] designated "safety critical land" or which has been later
designated as "safety critical land" via notice issued by Borough
or the Authority.
An unmanned aircraft operated pursuant to Part 101, Subpart
E of the Federal Aviation Regulations and/or Section 336 of the FAA
Modernization and Reform Act of 2012.
The land within the boundaries reflected on the map appended
to this article[2] designated "UAS restricted land" or has been later designated
as "UAS restricted land" via notice issued by Borough or the Authority.
An aircraft that is operated by a person via a ground control
system, or autonomously through use of an onboard computer, communication
links and any additional equipment that is necessary for the UA to
operate.
A.
No person may operate a small Noncommercial UA from a ground-based
location within the Borough limits and that is situated within safety
critical land.
B.
No person may operate a small Noncommercial UA from a ground-based
location within the Borough that is situated within UAS restricted
land but is not situated within safety critical land unless the Airport
Authority is provided with notice of the proposed operation and the
Airport Authority approves of such operation.
C.
No person may operate a small Noncommercial UA from a ground-based
location within the Borough that has been designated by the Borough
or the Authority to be UAS restricted land during days and/or times
indicated by a notice issued by the Borough or the Authority.
D.
No person may operate an unmanned aircraft within the geographical
limits of the Borough in violation of: a) an agreement between that
person and the Borough, the Airport Authority, or the FAA; or b) any
term, condition, directive, or applicable regulation imposed by the
FAA, including but not limited to 14 CFR Part 111, Subpart E; 14 CFR
Part 107; or the terms of any waiver or special authorization issued
by the FAA.
E.
No person may operate an unmanned aircraft that weighs in excess
of 250 grams, including everything that is onboard or otherwise attached
to the unmanned aircraft, unless the unmanned aircraft is marked and
registered in accordance with 14 C.F.R Part 47 or 48.
A.
The Borough of West Mifflin Police shall have the authority to enforce
this article by issuance of citations.
B.
Any person violating any of the provisions of this article shall
be guilty of a summary offense and, upon conviction thereof, shall
pay a fine of not less than $100 nor more than $5,000.
C.
Each violation hereunder shall constitute a separate offense, subject
to the penalties provided in the preceding subsections.
D.
After conferring with the Airport Authority, the Borough of West
Mifflin Borough Police or the Airport Authority may:
(1)
Refer the matter to the FAA for investigation and enforcement action
under applicable laws and regulations;
(2)
Refer the matter to the United States Attorney's Office or the
Federal Bureau of Investigation for investigation and enforcement
under applicable laws and regulations; and/or
(3)
Refer to the Allegheny County District Attorney for prosecution under
applicable state laws.
A.
This article is intended to be a lawful exercise of the Borough's
police and regulatory powers available to it under applicable state
and federal law. Nothing in this article is intended to, nor does
it actually, impede or conflict with any federal law, FAA-issued restrictions
or powers of the FAA to bring any action to enforce any applicable
federal law or regulation or issue penalties or take any other action
that the FAA is authorized to take under federal law and applicable
regulations.
B.
In the event that the FAA initiates an enforcement action against
any person who is also in violation of this article and, upon written
request of the FAA, the Borough shall suspend any pending enforcement
action for a period of not less than 60 days. After the expiration
of the suspension of enforcement proceedings, the Borough may proceed
with any appropriate actions including issuance of penalties authorized
by this article. Such penalties shall be in addition to any action
taken by the FAA.
C.
To the extent any portion of this article is, for whatever reason,
found to be invalid, the remaining portions shall remain in full force
unless and until modified by the Borough by subsequent enactment.
