[HISTORY: Adopted by the Borough Council of the Borough of
Verona 9-23-1985 by Ord. No. 6-1985 (Ch. VI, Part 2, of the 1976 Code
of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Sexually oriented businesses — See § 250-59.
As used in this chapter, the following words and phrases shall
have the following meanings:
For the purpose of applying the "contemporary community standards,"
means the state.
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.
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, designated for exhibition by projection on a screen;
or
Videotape or any other medium used to electronically reproduce
images on a screen or television.
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 which occur on the premises
before a live audience.
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 the use of any instrument.
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.
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, film or videocassettes.
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
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.
The words "model studio" do not include:
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.
Any studio operated by a tax-exempt, nonprofit corporation devoted
to the development of art and its appreciation.
Completely without clothing; or
With the human male or female genitals, pubic area or buttocks
with less than a fully 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.
Any matter:
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
manner sexual conduct of a type described in this section.
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.
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.
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
for the transfer of possession of, obscene matter.
Acts of masturbation, homosexuality or sexual intercourse,
normal or perverted, or of physical contact with a person's clothed
or unclothed genitals, pubic area, buttocks or breast, if such person
is female.
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 limiting 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 or psychological
purpose.
A.
Any and every place in the Borough where obscene films are publicly
exhibited or possessed for the purpose of such exhibition, and any
and every place in the Borough where an obscene 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 obscene film which is publicly exhibited or possessed for such purpose at a place which is 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 § 158-8, 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.
A.
Any and every place in the Borough in which obscene publications
constitute a part of the stock-in-trade is hereby declared to be a
public nuisance.
B.
Any and every obscene 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 § 158-8, all valuable consideration received for the sale of such obscene publications is also declared to be a public nuisance as personal property used in conducting and maintaining a declared public nuisance.
A.
For purposes of this chapter, all facilities within the Borough are
declared to be public nuisances where activities occur through action
or solicitation that result in or are intended to result in:
B.
For the purposes of this chapter, all facilities are declared to be a public nuisance wherein the acts specified in Subsections A(1) and (2) hereof 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 acts, when considered as a whole, appeal to the prurient interest.
C.
From and after service on the facility, 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 § 158-8, 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.
A.
Every massage parlor or model studio within the Borough which, as
a regular course of business, is used for sexual conduct, and every
such massage parlor or model studio in or upon which acts of sexual
conduct are held or occur, or every massage parlor where any employee
operates or performs any service in the nude is a public nuisance.
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 § 158-8, 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.
Any and every place in the Borough in which sexual devices constitute
a part of the stock-in-trade is hereby declared to be a public nuisance.
B.
Any and every sexual device possessed at a place which is a public
nuisance under subsection (1) 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 § 158-8, all valuable consideration received for the sale of such sexual devices is 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 the resolution and order of summary abatement provided for in § 158-8, any and every person who owns, legally or equitably, leases, maintains, manages, conducts or operates a place in the Borough which is declared to be a public nuisance, as set forth and stated in §§ 158-2 through 158-6, 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 by Borough Council that a public nuisance, as defined in §§ 158-2 through 158-6, exists in the Borough, 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.
C.
Set forth the facts considered by Council in arriving at its determination
that a nuisance exists.
D.
Order any person described in § 158-7 to summarily abate such public nuisance within 24 hours of service of such order and to notify the Council of compliance therewith by sworn affidavit as ordered by the action of Council in such resolution.
E.
Order the Borough Solicitor to proceed as directed in § 158-10 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 § 158-7 that:
(1)
Council has determined that a public nuisance presently exists at such place and address, and that, under § 158-7, such person is deemed to have knowledge thereof and is responsible therefor.
(2)
If the order of the Borough is not complied with within 24 hours, Council has ordered the Borough Solicitor, as provided for under § 158-10, 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 § 158-9, 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 obscene film or obscene publication or sexual device being used
in conducting and maintaining such public nuisance is 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 of
such obscene film, obscene performance and valuable consideration
received for the sale of such obscene publications or sexual devices,
and all moneys or other valuable consideration received for services
rendered in such massage parlor or model studio 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 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
herein declared to be a public nuisance.
A.
Upon judgment for the Borough 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 §§ 158-2 through 158-6. Such moneys or their equivalent and any valuable consideration received shall be forfeited to the general fund of the Borough or to the Borough as property of the Borough if any valuable consideration received is not money.
B.
The cost of abatement shall include the following:
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 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 Council of the fact
that a public nuisance exists at a particular location, the Borough
Solicitor shall commence legal proceedings seeking the following relief:
A.
An action of an equitable nature to enjoin any person from owning,
leasing, maintaining, managing, conducting or operating a facility
which is a public nuisance, as specified herein.
B.
An accounting of all moneys paid as admission price to or for the
exhibition of such obscene films or performances and valuable consideration
received for the sale of such obscene publication or sexual devices
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.
C.
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 or as property belonging
to the Borough.
D.
Preliminary and permanent injunctions may be issued to prevent the
further maintenance of a public nuisance. The procedures for obtaining
such injunctions shall be governed by the Rules of Civil 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 the bond, without interest, at the expiration of
one year; provided that the public nuisance is not maintained or reestablished
within that year.
E.
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.
F.
Judgment for the Borough for all costs therein expended, including
investigative costs, court costs, reasonable attorney's fees
and such other expenses as are provided herein.
G.
All other relief as the Court may deem proper.
