Township of Canton, PA
Washington County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 6-101 Definitions.

[Ord. 2-1984, 9/10/1984, § 1]
KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE
Having knowledge of the content and character of the patently offensive sexual conduct or other conduct which appears in the motion picture film, publication or live theatre production or knowledge of the acts of obscenity, assignation or prostitution which occur in any place.
LIVE THEATRE PRODUCTION
Any dramatic, musical, dance or comedy 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 Township, which is open to members of the general public or to private club members, with or without the payment of a fee, at which massage services are offered.
MATTER
A motion picture film, live theatre production, publication or all three.
A. 
Any place where 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 to so depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the place.
B. 
Any place 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 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.
(2) 
Any place where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection C(1) of the subsection.
MOTION PICTURE FILM
Shall include 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.
E. 
Videotape or any other medium used to electronically reproduce images on a screen.
NUDE
Shall include:
A. 
Completely without clothing.
B. 
With the human male or female genitals, public area or buttocks with less than a full opaque covering or the showing of the female breast with less than a full opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid state.
OBSCENE MATTER
Any matter:
A. 
Which the average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest.
B. 
Which depicts or describes patently offensive representations or description of:
(1) 
Ultimate sexual acts, normal or perverted, actual or simulated.
(2) 
Masturbation, excretory functions or exhibition of the genitals or genital area.
C. 
The matter, 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
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
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.

§ 6-102 Obscene Films, Live Theatre Productions, Publications, and Places Exhibiting the Same Declared a Public Nuisance; Abatement Thereof.

[Ord. 2-1984, 9/10/1984, § 2]
1. 
Any and every place in the Township where obscene motion picture films or live theatre productions are publicly exhibited or possessed for the purpose of such exhibition; and any and every place in the Township where obscene publications are publicly disseminated or sold, or possessed for the purpose of such dissemination or sale, is a public nuisance per se.
2. 
Any and every obscene motion picture film or live theatre 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.
3. 
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 Part and a true and correct copy of the Summons and Complaint to abate a nuisance, all monies 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.

§ 6-103 Massage Parlors or Model Studios Used for Purposes of Obscenity, Assignation, or Prostitution, or Upon Which Such Acts Occur, Declared a Public Nuisance; Abatement Thereof.

[Ord. 2-1984, 9/10/1984, § 3]
1. 
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.
2. 
From and after service on the massage parlor or model studio, or its manager, or acting manager, or person then in charge of such, of a Summons and Complaint to abate a nuisance, all monies 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.

§ 6-104 Knowledge of Nuisance Presumed From Notice or Summons and Complaint; Responsibility of Parties Therefor; Abatement of Such Nuisances.

[Ord. 2-1984, 9/10/1984, § 4]
1. 
Upon and after receiving notice through service of a true and correct copy of this Part and a true and correct copy of the Summons and Complaint to abate a nuisance or notice by the Township Solicitor of the character of the obscene film, production, publication, or place, every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in the Township which is declared to be a public nuisance as set forth in § 6-102 or § 6-103, of this Part is deemed to be a person who has knowledge of such nuisance for the purpose of this Part, and may, thereafter, be responsible for its maintenance, and liable therefor.
2. 
The places and matters declared to be public nuisances under § 6-102 and § 6-103 shall be abated as provided for herein.

§ 6-105 Posting of Bond.

[Ord. 2-1984, 9/10/1984, § 5]
1. 
The Township Solicitor or any citizen of the Commonwealth of Pennsylvania residing within the Township may maintain an action of an equitable nature in the name of the Township upon the relation of such Township Solicitor or citizen to abate a nuisance.
2. 
No bond shall be required of the Township Solicitor. If such action is instituted by a private citizen, a bond shall be required in the amount of not less than $500, to secure to the defendants the proximate damages which may be sustained, including attorney's fees, if any court finds that there were no reasonable grounds for said action.
3. 
The Township Solicitor shall have the right to present arguments and authorities on behalf of any moving party.

§ 6-106 Penalties and Remedies.

[Ord. 2-1984, 9/10/1984, § 6; as amended by Ord. 2-2002, 5/15/2002, § 1]
1. 
Any owner, operator, manager, acting manager or person then in charge of, or person having a financial interest in every place in the Township which is a public nuisance under the terms of this Part shall be considered a violator of this Part and shall be subject to conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Upon conviction thereof he shall be sentenced to a fine of not less than $50 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that an owner, operator, manager, acting manager or person then in charge of, or person having a financial interest in said place shall continue such violation after written notification shall constitute a separate offense.
2. 
Money damages may be recovered:
A. 
For compensation for loss or harm suffered in person or property by the Township or private citizen flowing from such nuisance.
B. 
As exemplary or punitive damages for the sake of example or to punish the offender, where it is shown that the offender has acted with malice. "Malice" means having an intent to do a wrongful act, that is, an intent to maintain, permit, or allow a nuisance to exist.
3. 
Preliminary and permanent injunctions may be issued to prevent the further maintenance of a nuisance and to prevent the further sale or exhibition of obscene motion picture films, live theatre productions and publications. The procedures for obtaining such injunctions shall be governed by the Rules of Civil Procedure, preserving the right of trial by jury upon the application for permanent injunction.

§ 6-201 Statement of Purpose.

[Ord. 16, 12/8/1952, § 1]
No owner of land within the Township shall dump, deposit or accumulate garbage and/or rubbish upon his land, nor shall such owner permit, acquiesce or allow any person, firm or corporation to dump, deposit or accumulate garbage and/or rubbish upon his land.

§ 6-202 Littering Prohibited on Private and Public Property.

[Ord. 16, 12/8/1952, § 2]
No person, firm or corporation shall dump, deposit or accumulate garbage and/or rubbish upon any private or public property in the Township.

§ 6-203 Property Owner's Responsibility to Prevent Littering In or Along Creeks or Streams.

[Ord. 1-1967, 12/12/1967, § 1]
No owner of land abutting on a creek or stream within the Township shall dump, deposit, or accumulate garbage, trash, refuse, rubbish and debris in creeks or streams or along the banks of creeks or streams in the Township, nor shall owner permit, acquiesce, or allow any person, firm, or corporation to dump, deposit, or accumulate garbage, trash, refuse, rubbish and debris in creeks or streams or along the banks of creeks or streams in the Township.

§ 6-204 Littering Prohibited In or Along Creeks or Streams.

[Ord. 1-1967, 12/12/1967, § 2]
No person, firm or corporation shall dump, deposit, or accumulate garbage, trash, refuse, rubbish and debris in creeks or streams or along the banks of creeks or streams in the Township.

§ 6-205 Penalties.

[Ord. 16, 12/8/1952, §§ 1 & 2 and Ord. 1-1967, 12/12/1967, §§ 1 & 2; as added by Ord. 2-2002, 5/15/2002, § 1]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.