As used in this chapter, the following terms
shall have the meanings indicated:
DEVICE
Any item manufactured or processed intended to be used or
sold for use in lewd or obscene activities.
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,
publication or knowledge of the acts of lewdness, obscenity, assignation
or prostitution which occur on the premises.
LEWD MATTER
A.
Any matter:
(1)
Which the average person, applying contemporary
West Deer Township 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)
Sexual intercourse or other ultimate sexual
acts, normal or perverted, actual or simulated; or
(b)
Masturbation, excretory functions or exhibition
of the genitals or genital area.
B.
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.
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
West Deer Township which is open to members of the general public,
with or without the payment of a fee, at which massage services are
offered.
MATERIAL
A motion-picture film or a publication or device or all.
MODEL STUDIO
A.
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 the 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 premises; or,
B.
Any premises 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.
C.
Exception. The words "model studio" do not include:
(1)
Any studio which is operated by any state college
or junior college, public school, governmental approved 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; or
(2)
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.
(3)
Any studio operated by a tax exempt, nonprofit
corporation devoted to the development of art and its appreciation.
MOTION-PICTURE FILM
Includes any:
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.
E.
Videotape 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 erected state.
OBSCENE
A publication, act or motion-picture film which depicts or
describes the sexual conduct of having human genitals in a state of
sexual stimulation or arousal or acts of human masturbation, sexual
intercourse or sodomy or fondling or other erotic touching of human
genitals, pubic regions, buttocks or female breasts and which, taken
as a whole, appeals to the prurient interest in sex, which portrays
sexual conduct in a patently offensive way and which, taken as a whole,
does not have serious literary, artistic, political 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 located within the geographical limits
of West Deer Township.
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, lewd matter.
TOWNSHIP
The municipal government or the land within the geographical
boundaries of West Deer Township, Allegheny County, Pennsylvania,
depending upon context.
The Supervisors find that the commercial exploitation
of obscene and lewd materials and the use of massage parlors and model
studios for the purposes of obscenity, lewdness, assignation, prostitution
or the manipulation of the body by a member of the opposite sex to
be contrary to the morals and general welfare of the Township; to
have an adverse effect on the physical and mental health of the residents,
jeopardize the safety of the areas in which such commercial exploitation
is permitted to occur; is contrary to the objectives and purposes
set forth in the West Deer Township Comprehensive Plan, 1966; has
an undesirable effect on the Township policy of neighborhood preservation
and development; and erodes the high quality of life existing in the
Township now; therefore, such commercial exploitation is a public
nuisance.
A. Films.
(1) Any and every place in the Township where lewd or
obscene films are publicly exhibited or possessed for the purpose
of such exhibition; and any and every place in the Township where
a lewd film is publicly or repeatedly exhibited or possessed for the
purpose of such exhibitions is a public nuisance.
(2) Any and every lewd or obscene film which is publicly exhibited or possessed for such purpose at a place which is a public nuisance under Subsection
A(1) above is a public nuisance per se.
(3) 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 the resolution and order of summary abatement provided for in §
65-4 hereof, 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.
B. Publications.
(1) Any and every place in the Township in which lewd
or obscene publications constitute any portion of the stock-in-trade
is a public nuisance.
(2) Any and every lewd or obscene publication possessed at a place which is a public nuisance under Subsection
B(1) above is a public nuisance per se.
(3) From and after the 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 the resolution and order of summary abatement provided for in §
65-4 hereof, all valuable consideration received for the sale of such lewd or obscene publications is also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
C. Massage parlors or model studios.
(1) Every massage parlor or model studio which, as a regular
course of business, is used for the purposes of lewdness, assignation,
prostitution or massage by a member of the opposite sex and every
such massage parlor or model studio in or upon which acts of lewdness,
assignations or prostitution are held or occur is a public nuisance
which shall be enjoined, abated and prevented.
(2) 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 the resolution and order of summary abatement provided for in §
65-4 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 public nuisance.
Upon a specific finding that a public nuisance, as defined in §
65-2A,
B or
C of this chapter, exists in the Township, the Township Supervisors, 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;
C. Set forth the evidentiary facts considered by the
Township Supervisors in arriving at their 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 Township Supervisors find are patently offensive, lewd or
obscene and the basis for the finding by the Township Supervisors
that;
(a)
Such films are publicly exhibited in the course
of business; or
(b)
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 or publications, such
shall include a recitation of:
(a)
The particular publications or types of publications
considered by the Township Supervisors and those which the Township
Supervisors find to be patently offensive, lewd or obscene;
(b)
The basis of the finding by the Township Supervisors
that such publications are displayed, sold or held for sale at any
place found by the Township Supervisors to be a public nuisance; and
(c)
The basis of the finding by the Township Supervisors
that such publications constitute a portion 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 lewdness, assignation,
prostitution or massage by a member of the opposite sex which have
occurred; and
(b)
The basis for the finding by the Township Supervisors
that such acts occur in the course of business.
D. Order all persons described in §
65-3A 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 lewd or obscene subject 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 lewdness, assignation or prostitution or causing the same to be terminated and notifying the Township Secretary and the Township Supervisors of compliance therewith by sworn affidavit as ordered by the action of the Township Supervisors in such resolution.
E. Order the Township Attorney to proceed as directed in §
65-7 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 §
65-3A that:
(1) The Township Supervisors have determined that a public nuisance presently exists at such place and address and that, under §
65-3A of said chapter, they are deemed to have knowledge thereof and are responsible therefor.
(2) In the event that the order of the Township is not complied with within 24 hours, the Township Supervisors have ordered the Township Attorney, as provided for under §
65-7 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under §
65-4 of this chapter, and that under §
65-5A 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, by separate legal procedure, 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 or obscene motion-picture films or lewd 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 or its owner,
manager or acting manager or person then in charge of such place of
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
lewd or obscene motion-picture films and valuable consideration received
for the sale of such lewd or 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 nuisance 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 owner, manager or acting manager or persons
in charge of the place therein declared a public nuisance.
[Amended 1-22-1997 by Ord. No. 265; 4-20-2016 by Ord. No. 408]
Any person, partnership or corporation who or
which has violated or permitted the violation of any provision of
this chapter, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township, shall pay a judgment of not
more than $600, plus all court costs. No judgment shall commence or
be imposed, levied or payable until the date of the determination
of a violation by a Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment, the Township may enforce the
judgment pursuant to the applicable rules of civil procedure, at which
time, in addition to any penalties, the violator shall be liable for
any attorneys’ fees and costs incurred by the Township. Each
day that a violation continues or each section of this chapter which
shall be found to have been violated shall constitute a separate violation.
Upon a specific finding by resolution of the
Township Supervisors of the fact that a public nuisance exists at
a particular location, the Township shall:
A. Not later than five days after passage of said resolution,
commence legal proceedings by the filing of a civil action seeking
the following relief:
(1) A declaratory judgment that the matter named by the
Township Supervisors is lewd, as defined herein.
(2) A declaratory judgment that the matter found to be
lewd is or are public nuisances per se under this chapter and such
resolution.
(3) A declaratory judgment that each place named by the
Township Supervisors is a public nuisance under this chapter and such
resolution.
(4) An accounting of all moneys paid as admission price
to or for the exhibition or exhibitions of such lewd motion-picture
films, 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 from and after the
time the persons maintaining said nuisance receive notice of the finding
by the Township Supervisors, by resolution, that the public nuisance
exists, and a judgment that such moneys or valuable consideration
are a public nuisance under this chapter.
(5) 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 Township or
as property belonging to the Township.
(6) An injunction enjoining and restraining all persons
responsible for maintaining said nuisance from possessing or publicly
exhibiting said lewd motion-picture films or from selling or possessing
for sale said lewd publications or from committing acts of lewdness,
assignation, prostitution or massage on members of the opposite sex
at any time in the future in the Township, and such other injunctive
relief as the Court may order.
(7) 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.
(8) Judgment for the Township for all costs therein expended,
including investigative costs, court costs, reasonable attorneys'
fees and such other expenses as are provided for herein.
(10) All other relief as the Court may deem proper.