[HISTORY: Adopted by the Borough Council
of the Borough of Silverdale 6-6-1983 by Ord. No. 171. Amendments noted where
applicable.]
The following words and phrases, when used in
this chapter, shall have, unless the context clearly indicates otherwise,
the meanings given to them in this section:
Any materials which are obscene or:
Any picture, photograph, drawing, sculpture,
motion-picture film or similar visual representation or image of a
person or portion of the human body which depicts nudity, sexual conduct
or sadomasochistic abuse and which is harmful to minors; or
Any book, pamphlet, magazine, printed matter, however reproduced, or sound recording which contains any matter enumerated in Subsection A of this definition or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to minors.
Includes but is not limited to any building, structure, space
or ground, or any separate part or portion thereof, whether permanent
or not, which is open to admission by the general public or to which
membership is available to the general public, with the exception
of guests' rooms in hotels, inns or motels.
Any facility providing temporary overnight accommodations
which is licensed for such purpose by the state pursuant to Article
II of the Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax
Reform Code of 1971."[1]
Any literature, including any book, magazine, pamphlet, newspaper,
storypaper, comic book or writing, and any figure, visual representation,
or image, including any drawing, photograph, picture or motion picture,
if:
The average person applying contemporary community
standards would find that the subject matter, taken as a whole, appeals
to the prurient interest;
The subject matter depicts or describes, in
a patently offensive way, sexual conduct of a type described in this
section; and
The subject matter, taken as a whole, lacks
serious literary, artistic, political, educational or scientific value.
Any individual, partnership, firm, association, corporation
or other legal entity.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations or descriptions of masturbation, excretory
functions and lewd exhibition of the genitals.
Any artificial human penis, vagina or anus or other device
primarily designed, promoted or marketed to physically stimulate or
manipulate the human genitals, pubic area, perineum or anal area,
including but not limited to vibrators, dildos, penisators, and penis
rings, except that this shall not include any such device which is
sold, distributed or displayed for a bona fide medical, psychological,
legislative, judicial or law enforcement purpose by a physician, psychologist,
pharmacist, legislator, judge, prosecutor or law enforcement officer.
[1]
Editor's Note: See 72 P.S. § 7201
et seq.
A.
Solicitation. All facilities are declared to be public
nuisances where activities occur which, through action or solicitation,
result in or are intended to result in:
B.
Performance. All facilities are declared to be a public nuisance wherein the acts specified in Subsection A(1) and (2) are performed before a live audience of one or more persons in a patently offensive manner and the acts, taken as a whole, lack serious literary, artistic, political, educational or scientific value and the average adult person, applying contemporary community standards, would find that the facts, when considered as a whole, appeal to the prurient interest.
C.
Sales. All facilities are declared to be public nuisances
in which sexual devices are sold, distributed or displayed.
D.
Obscene and explicit sexual materials. All facilities
are declared to be public nuisances in which a person shall:
(1)
Display or cause or permit the display of any explicit
sexual materials in or on any window, showcase, newsstand, display
rack, billboard, display board, viewing screen, motion-picture screen,
marquee or similar place in such manner that the display is visible
from any public street, highway, sidewalk, transportation facility
or other public thoroughfare or in any business or commercial establishment
where minors, as a part of the general public or otherwise, are or
will probably be exposed to viewing all or any part of such materials;
(2)
Sell, lend, distribute, exhibit, give away or show
any obscene materials to any person 17 years of age or older or offer
to sell, lend, distribute, exhibit or give away or show, or have in
his possession with intent to sell, lend, distribute, exhibit or give
away or show, any obscene materials to any person 17 years of age
or older, or knowingly advertise any obscene materials in any manner;
(3)
Design, copy, draw, photograph, print, utter, publish
or in any manner manufacture or prepare any obscene materials;
(4)
Write, print, publish, utter or cause to be written,
printed, published or uttered any advertisement or notice of any kind
giving information, directly or indirectly, stating or purporting
to state where, how, from whom, or by what means any obscene materials
can be purchased, obtained or had;
(5)
Hire, employ, use or permit any minor child to do
or assist in doing any act or thing mentioned in this subsection;
or
(6)
Sell, loan or otherwise disseminate explicit sexual
materials to any person under the age of 17 years.
Upon and after receiving notice through service
of a true and correct copy of this chapter and a true and correct
copy of the complaint in equity to abate a public nuisance as defined
herein, any and every person duly served pursuant to the Rules of
Civil Procedure who shall own, legally or equitably, lease, maintain,
manage, conduct or operate a facility which is declared to be a public
nuisance as set forth in this section is deemed to be a person who
has knowledge of such nuisance for the purpose of this section and
may, thereafter, be responsible for its maintenance and liable therefor.
A.
Action in equity. The Borough may maintain an action
in equity to enjoin any person from owning, leasing, maintaining,
managing, conducting or operating a facility which is a public nuisance,
as specified herein.
B.
Forfeiture. From and after service of a true and correct
copy of this chapter and the complaint in equity as provided for in
the Rules of Civil Procedure, all money or other valuable consideration
thereafter paid as an admission price or for services rendered or
as rent to an owner for the privilege of continuing to operate a public
nuisance shall be turned over to the Borough upon the issuance of
an order by the local Court of Common Pleas enjoining the operation
of the nuisance and requiring an accounting by the defendant for all
of said moneys.
C.
Procedure. Upon the trial on the merits of the permanent
injunction, if the court finds a facility to be a public nuisance,
the court may issue an order closing the facility to all uses and
purposes for the period of one year. If the offenders or persons owning,
in control or in charge of such facility certify that the public nuisance
has been abated and that the facility will no longer be operated as
a public nuisance, and 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 public nuisance, the court may release
such person or persons from the closure order. 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 public nuisance is not
maintained or reestablished within that year.
D.
Remedies cumulative. The right to pursue all and any
other available remedies shall be reserved by the Borough, and all
such remedies shall be cumulative.
Nothing in this chapter shall apply to any recognized
historical society or museum accorded charitable status by the federal
government, any county, city, borough, township or town library, any
public library, any library of any school, college or university or
any archive or library under the supervision and control of the commonwealth
or a political subdivision.
If any court shall determine that any word,
clause, phrase, sentence, paragraph, subsection or section of this
chapter is unconstitutional, the court shall first attempt to construe
or interpret such unconstitutional provision so 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 so as to render
the same constitutional, it shall strike or modify only the minimum
number of words, phrases, clauses, sentences, paragraphs, subsections
or sections 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,
subsection 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.
