[Ord. 1480, passed 4-4-1977]
Council finds that the crass commercial exploitation of explicit sexual conduct through the public exhibition of lewd films, 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 Municipality, 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 Municipality and of the residents, citizens, inhabitants and businesses thereof. Council hereby declares such activities to be a public nuisance and herein establishes procedures for the abatement thereof. This chapter shall apply to existing establishments which are presently engaged in the type of activity herein declared to be a public nuisance.
[Ord. 1480, passed 4-4-1977]
As used in this chapter:
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
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.
LEWD MATTER
(a) 
Any matter:
(1) 
Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and
(2) 
Which depicts or describes patently offensive representations or descriptions of:
A. 
Ultimate sexual acts, normal or perverted, actual or simulated; or
B. 
Masturbation, excretory functions or exhibition of the genitals.
(b) 
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.
MASSAGE
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.
MASSAGE PARLOR
Any building or structure or portion thereof, located within the Municipality, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.
MATTER
A motion picture film or a publication, or both.
MODEL STUDIO
(a) 
Any premises on which there is conducted the business of furnishing 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, 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; or
(b) 
Any premises where there is conducted the business of furnishing, 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.
(c) 
The words "model studio" do not include:
(1) 
Any studio which is operated by any State college, junior college, public school, governmental agency wherein the person, firm, association, partnership or corporation operating it has met the requirements established by the Commonwealth for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma or honorary diploma;
(2) 
Any premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in subparagraph A hereof; or
(3) 
Any studio operated by a tax exempt, nonprofit corporation devoted to the development of art and its appreciation.
MOTION PICTURE FILM
Includes any:
(a) 
Film or plate negative;
(b) 
Film or plate positive;
(c) 
Film designed to be projected on a screen for exhibition;
(d) 
Films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen; or
(e) 
Video tape or any other medium used to electronically reproduce images on a screen.
NUDE
Includes:
(a) 
Completely without clothing; or
(b) 
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.
PERSON
Any individual, partnership, firm, association, corporation or other legal entity.
PLACE
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.
PUBLICATION
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.
SALE
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 for the transfer of possession of, lewd matter.
[Ord. 1480, passed 4-4-1977]
(a) 
Any and every place in the Municipality where lewd films are publicly exhibited or possessed for the purpose of such exhibition, and any and every place in the Municipality where a lewd film is publicly or repeatedly exhibited or possessed for the purpose of such exhibition, is hereby declared to be 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) hereof 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 § 672.07, 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.
[Ord. 1480, passed 4-4-1977]
(a) 
Any and every place in the Municipality in which lewd publications constitute a part of the stock in trade is hereby declared to be a public nuisance.
(b) 
Any and every lewd publication possessed at a place which is a public nuisance under Subsection (a) hereof 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 § 672.07, 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. 1480, passed 4-4-1977]
(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, or every massage parlor where any employee operates or performs any service in the nude, is a public nuisance which shall be enjoined, abated and prevented.
(b) 
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 § 672.07, 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 public nuisance.
[Ord. 1480, passed 4-4-1977]
(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 Section 672.07, any and every person who owns, legally or equitably, leases, maintains, manages, conducts or operates a place in the Municipality which is declared to be a public nuisance as set forth and stated in §§ 672.03 through 672.05 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) 
The place and subject matter declared to be public nuisances under §§ 672.03 through 672.05 shall be abated as provided for herein.
[Ord. 1480, passed 4-4-1977]
Upon a specific finding that a public nuisance, as defined in §§ 672.03 through 672.05, exists in the Municipality, 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; and
(c) 
Set forth the evidentiary facts considered by Council in arriving at its factual determination;
(1) 
In the case of a motion picture film, such facts shall include a recitation of the particular sexual conduct and acts which Council finds are patently offensive, and the basis for the finding by Council that such films are publicly exhibited in the course of business, or that 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, such facts shall include a recitation of:
A. 
The particular publications or types of publications considered by Council, and those which Council finds to be patently offensive;
B. 
The basis for the finding by Council that such publications are displayed, sold or held for sale at any place found by Council to be a public nuisance; and
C. 
The basis of the finding by 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 facts shall include a recitation of the particular acts of lewdness, assignation or prostitution which have occurred, and the basis for the finding by Council that such acts occur in the course of business.
(d) 
Order any person described in § 672.06(a) to summarily abate such public nuisance within 24 hours of service of such order on any such person, by terminating the exhibition, sale or possession for sale of such lewd subject matter, by ceasing to use the place where the nuisance is declared to exist, or by terminating the use of such premises for the purposes of lewdness, assignation or prostitution, or causing the same to be terminated, and by notifying the Manager and Council of compliance therewith by sworn affidavit as ordered by the action of Council in such Resolution;
(e) 
Order the Municipal Attorney to proceed as directed in § 672.09, 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;
(f) 
Inform and give notice to persons designated in § 672.06(a) that:
(1) 
Council has determined that a public nuisance presently exists at such place and address, and that, under § 672.06(a), such person is deemed to have knowledge thereof and is responsible therefor;
(2) 
If the order of the Municipality is not complied with within 24 hours, Council has ordered the Municipal Attorney, as provided for under § 672.09, to commence necessary legal proceedings naming such person as a defendant in a civil action to abate the same judicially under this section and that under § 672.08 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 deemed to be in violation of this chapter;
(3) 
Any lewd motion picture film or lewd publication being used in conducting and maintaining such public nuisance is contraband and the subject of forfeiture; and
(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 of such lewd motion picture film, and valuable consideration received for the sale of such lewd publication, 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; and
(g) 
Order that a true and correct copy of such resolution and a true and correct copy of this chapter be delivered forthwith in any manner normally used to effect personal service of process to any person 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 to be a public nuisance.
[Ord. 1480, passed 4-4-1977]
(a) 
Upon judgment for the Municipality in legal proceedings brought pursuant to this chapter, an accounting shall be made by the defendant of all moneys or valuable consideration received by him which have been declared to be a public nuisance under §§ 672.03(c), 672.04(c) or 672.05(b). Such moneys or their equivalent and any valuable consideration received shall be forfeited to the General Fund of the Municipality or to the Municipality as property of the Municipality if any valuable consideration received is not money.
(b) 
The cost of abatement shall include the following:
(1) 
Investigative costs;
(2) 
Court costs;
(3) 
Reasonable attorney's fees arising out of the preparation for and trial of the cause, appeals therefrom and other costs allowed on appeal; and
(4) 
Printing costs of the trial and appellate briefs, and all other papers filed in such proceeding.
(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.
[Ord. 1480, passed 4-4-1977]
Upon a specific finding by resolution of Council of the fact that a public nuisance exists at a particular location, the Municipal Attorney shall, not later than three days after passage of such Resolution, commence legal proceedings by the filing of a civil action seeking the following relief:
(a) 
A declaratory judgment that the matter named by Council is lewd, as defined herein;
(b) 
A declaratory judgment that the matter found to be lewd is a public nuisance per se under this chapter and such resolution;
(c) 
A declaratory judgment that each place named by 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 of such lewd motion picture film, and valuable consideration received for the sale of such lewd publication, and all moneys or other valuable consideration received for services rendered in such massage parlor or model studio, from and after the time the person maintaining such nuisance receives notice of the finding by Council by resolution that the public nuisance exists, and a judgment that such moneys or valuable considerations 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 Municipality or as property belonging to the Municipality;
(f) 
An injunction enjoining and restraining any persons responsible for maintaining such nuisance from possessing or publicly exhibiting such lewd motion picture film, from selling or possessing for sale such lewd publication, or from committing acts of lewdness, assignation or prostitution at any time in the future in the Municipality, and such other injunctive relief as the Court may order.
(g) 
An order that all positive prints of the named lewd films and all lewd publications or copies or reproductions thereof be forfeited as contraband under this chapter;
(h) 
Judgment for the Municipality for all costs therein expended, including investigative costs, Court costs, reasonable attorney's fees and such other expenses as are provided for herein; and
(i) 
All other relief as the Court may deem proper.