Borough of Conway, PA
Beaver County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Conway 8-8-1983 by Ord. No. 397, approved 8-8-1983. Amendments noted where applicable.]

§ 84A-1
Definitions. 

§ 84A-2
Films and theater productions. 

§ 84A-3
Massage parlors and model studios. 

§ 84A-4
Presumption of knowledge. 

§ 84A-5
Action by Borough Council. 

§ 84A-6
Forfeiture; cost of abatement. 

§ 84A-7
Action by Borough Solicitor. 

As used in this chapter, the following terms shall have the meanings indicated:

KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
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 occurs in any place.
LIVE THEATER PRODUCTION
Any dramatic, musical or comic production performed in the presence of a live audience.
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 Borough, 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, live theater production, publication, or all three.
A. 

Any place where:

(1) 

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; or

(2) 

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.

B. 

Exception. The words "model studio" do not include:

(1) 

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

(2) 

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.

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. 

Videotape or any other medium used to electronically reproduce images on a screen or video display.

NUDE
Includes:
A. 

Completely without clothing; or

B. 

The showing of the human male or female genitals, public area or buttocks with less than a fully opaque covering or the showing of the female breast with less than a fully opaque covering or any portion thereof below the top of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

OBSCENE MATTER
Any matter which:
A. 

The average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest;

B. 

Depicts or describes patently offensive representations or descriptions of:

(1) 

Ultimate sexual acts, normal or perverted, actual or simulated; or

(2) 

Masturbation, excretory functions or exhibition of the genitals or genital area; and

C. 

Taken as a whole, lacks serious literary, artistic, political, educational or scientific value.

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 a 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 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 of Conway 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 of Conway 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 chapter and a true and correct copy of the resolution and order of summary abatement to abate a nuisance, all moneys 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 chapter and a true and correct copy of the resolution and order of summary abatement to abate a nuisance, 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.

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 § 84A-5 hereof, any and every person who shall own, legally or equitably lease, maintain, manage, conduct or operate a place in the Borough of Conway which is declared to be a public nuisance as set forth and stated in §§ 84A-2 and 84A-3 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. 

The places and subject matter declared to be public nuisances under §§ 84A-2 and 84A-3 shall be abated as provided for herein.

Upon a specific finding that a public nuisance as defined in § 84A-2 and 84A-3 of this chapter exists in the Borough of Conway, the Borough Council, in applying the provisions of this chapter to such nuisance, shall provide for the following by resolution. It shall:

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.

(b) 

Such films are 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 considered by the Borough Council and those which the Borough Council finds to be patently offensive.

(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.

(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 obscenity, lewdness, assignation or prostitution which have occurred.

(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 § 84A-4A 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 obscene 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 obscenity, lewdness, assignation or prostitution or causing the same to be terminated and notifying the Chief of Police of the Borough of Conway of compliance therewith by sworn affidavit as ordered by the action of the Borough Council in such resolution.

E. 

Order the Solicitor for the Borough of Conway to proceed as directed in § 84A-7 of this chapter 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. 

Inform and give notice to persons designated in § 84A-4A that:

(1) 

The Borough Council has determined that a public nuisance presently exists at such place and address and that under § 84A-4A of this chapter they are deemed to have knowledge thereof and are responsible therefor.

(2) 

In the event that the order of the Borough of Conway is not complied with within 24 hours, the Borough Council has ordered the Solicitor, as provided for under § 84A-7 hereof, to commence necessary legal proceedings, naming such persons as defendants in a civil action to abate the same judicially and that, under § 84A-6 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 or persons, firm, association, partnership, corporation or other entity deemed to be in violation of this chapter.

(3) 

All obscene motion-picture films or obscene 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, 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 or exhibitions of such obscene motion-picture films and valuable consideration received for the sale of such obscene 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 conducting and maintaining such nuisances 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.

A. 

Upon judgment for the Borough of Conway in judicial 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 §§ 84A-2C and 84A-3B of this chapter. Such moneys or their equivalent and any valuable consideration received shall be forfeited to the general fund of the Borough of Conway or to the Borough as property, if any valuable consideration received is not money.

B. 

Cost of abatement.

(1) 

The cost of abatement shall include the following:

(a) 

Investigative costs.

(b) 

Court costs.

(c) 

Reasonable attorney's fees arising out of the preparation for and trial of the cause and appeals therefrom and other costs allowed on appeal.

(d) 

Printing costs of trial and appellate briefs and all other papers filed in such proceeding.

(2) 

Such cost of abatement is hereby made a special assessment against the parcel of land upon which such nuisance maintained. Upon its determination in a civil action, such shall, by separate legal proceeding, be made a lien against such property and personal obligation against any person or persons, firm, association, partnership, corporation or other entity and shall be collected at the same time, in the same manner, as ordinary Borough 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 Borough taxes. All laws applicable to the levy, collection and enforcement of Borough taxes shall be applicable to such special assessment.

Upon a specific finding by resolution of the Borough of Conway of the fact that a public nuisance exists at a particular location, the Solicitor shall commence legal proceedings by the filing of a civil action seeking the following relief:

A. 

A declaratory judgment that the matter named by the Borough Council is obscene as defined herein.

B. 

A declaratory judgment that the matter found to be obscene is or are public nuisances per se under this chapter and such resolution.

C. 

A declaratory judgment that each place named by the Borough 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 or exhibitions of such obscene motion-picture films and valuable consideration received for the sale of such obscene publications and all moneys 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 the public nuisance exists and a judgment that such moneys or valuable consideration 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 Borough of Conway or as property belonging to the Borough of Conway.

F. 

An injunction enjoining and restraining all persons responsible for maintaining said nuisance from possessing or publicly exhibiting said obscene motion-picture films or from selling or possessing for sale said obscene publications or from committing acts of obscenity, lewdness, assignation or prostitution at any time in the future in the Borough of Conway and such other injunctive relief as the court may order.

G. 

An order that all positive prints of the named obscene film and all obscene publications or copies or reproductions thereof be forfeited as contraband under this chapter.

H. 

Judgment for the Borough of Conway for all costs therein expended, including investigative costs, court costs, reasonable attorneys' fees and such other expenses as are provided for herein.

I. 

Exemplary or punitive damages.

J. 

All other relief as the court may deem proper.