[HISTORY: Adopted by the Board of Supervisors of the Township
of Brady 7-16-1986 by Ord. No.
28A. 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 demonstration which appears in the film
or publication or having knowledge of the acts of 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 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
Brady Township, 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, compensation or 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; or
Any premises where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration, 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 term "model studio" does 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 C(1) of this definition.
Any studio operated by a tax exempt, nonprofit corporation devoted
to the development of art and its appreciation.
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 exhibitions by projection on a screen, and videotape or any other
medium used to electronically reproduce images on a screen.
Completely without clothing, or showing the human male or
female genitals, pubic area or buttocks with less than a full opaque
covering or showing the female breast with less than a fully opaque
covering of any portion thereof below the top of the nipple or showing
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.
Includes 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 includes 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 Brady Township where lewd films are publicly
exhibited or possessed for the purpose of such exhibition, and any
and every place in the Township of Brady where a lewd film is repeatedly
publicly 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 § 240-2A 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 an order of summary abatement provided for in § 240-6 hereof, all moneys paid thereafter as an 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 Brady Township 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 § 240-3 above 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 chapter and an order of summary abatement provided for in § 240-6 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 or
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 an order of summary abatement provided for in § 240-6 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 nuisance.
A.
Upon and after receiving notice through service of a true and correct copy of this chapter and an order of summary abatement provided for in § 240-6 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in Brady Township which is declared to be a public nuisance, as set forth and stated in §§ 240-2, 240-3 and 240-4 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.
Upon a specific finding that a public nuisance, as defined in §§ 240-2, 240-3 and 240-4 of this chapter, exists in Brady Township, the Police Department, in applying the provisions of this chapter to such nuisance, shall:
A.
Declare the fact that such nuisance exists.
B.
Set forth the evidentiary facts considered by the Police Department
in arriving at its factual determination.
(1)
In the case of a motion picture film or films, such facts shall include
a recitation of the particular sexual conduct and acts which the Police
Department finds are patently offensive; the basis for the finding
by the Police Department that such publications are displayed, sold
or held for sale at any place found by the Police Department to be
a public nuisance; and the basis of the finding by the Police Department
that such publications constitute a part of the stock-in-trade of
such place of business or other place.
(2)
In the case of a publication or publications, such facts shall include
a recitation of the particular publications or types of publications
considered by the Police Department and those which the Police Department
finds to be patently offensive; the basis for the finding by the Police
Department that such publications are displayed, sold or held for
sale at any place found by the Police Department to be a public nuisance;
and the basis of the finding by the Police Department 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 facts shall
include a recitation of the particular acts of lewdness, assignation
or prostitution which have occurred and the basis for the finding
by the Police Department that such acts occurred in the course of
business.
C.
Order all persons described in § 240-5A hereof to summarily abate such public nuisance within 24 hours of service of such order on any such subject matter or to cease to use the place where the nuisance is declared to exist or to terminate the use of said premises for the purposes of lewdness, assignation or prostitution or to cause the same to be terminated.
D.
Order the 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.
E.
Inform and give notice to persons designated in § 240-5A that:
(1)
The Police Department has determined that a public nuisance presently exists at such place and address and that, under § 240-5A, they are deemed to have knowledge thereof and are responsible therefor.
(2)
In the event that the order of Brady Township has not been complied with within 24 hours, the Police Department has ordered the Solicitor, as provided for under § 240-8 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 240-6 of this chapter and, under § 240-5A 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 be a separate legal procedure and will 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 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 or its manager or acting manager
or person then in charge of such place, of a true and correct copy
of this chapter, any and all moneys paid as an admission price to
or for the exhibition 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 conducing and maintaining such nuisance
and, as such, are the subject of forfeiture.
F.
Order that 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 judgement for Brady Township 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 §§ 240-2, 240-3 and 240-4. Such moneys or their equivalent, and any valuable consideration received, shall be forfeited to the general fund of Brady Township as property of Brady Township if any valuable consideration received is not money.
B.
The cost of abatement shall include the following:
C.
Such costs 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.
Upon a specific finding by the Police Department of the fact
that a public nuisance exists at a particular location, the Solicitor,
with the approval of the Board of Supervisors, is authorized to take
whatever action is appropriate.
If any court shall determine that any word, clause, phrase,
sentence, paragraph or subsection of this chapter is unconstitutional
as worded, the court shall first attempt to construe or interpret
such unconstitutional provision 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 as so to render the same constitutional,
it shall strike or modify only the minimum number of words, phrases,
clauses, sentences or paragraphs as will 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
it shall be severed therefrom entirely, with the balance of this chapter
in its entirety remaining in full force and effect.
Any ordinance or part of any ordinance which conflicts with
the provisions of this chapter are hereby repealed to the extent of
such conflict.
