[HISTORY: Adopted by the Board of Supervisors of Carroll Township
3-2-1983 by Ord. No. 22. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 138.
This chapter shall regulate the establishment of adult bookstores.
As used in this chapter, certain terms are defined as follows:
An establishment having any portion of its stock-in-trade, including
but not limited to books, magazines, periodicals, visual representations or
writings distinguished or characterized by emphasis on matter depicting, describing
or related to specified anatomical areas or to specified sexual activities,
or an establishment with a segment or section devoted to the sale or display
of such material.
It shall be unlawful to establish or maintain any adult bookstore within
500 feet of any residential property having any residential use or within
1,000 feet of any church, school, or any other adult bookstore.
A.
When written notice has been served by the Township Manager
or the Code Enforcement Officer of a violation of this chapter upon the person
in charge of such adult bookstore and/or upon the owner, lessee, or occupant
of the premises or agent thereof, such violation shall be discontinued immediately.
B.
Violations and penalties.
(1)
Except as indicated in Subsection B(2) below, any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a District Justice, pay a fine of not less than $100 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
(2)
If enforcement of this chapter is regulated under 53
P.S. § 66601(c.1)(2) of the Second Class Township Code, any person
who violates or permits a violation of this chapter, shall, upon conviction
in a summary proceeding brought before a District Justice under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $100 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate offense,
and each section of this chapter that is violated shall also constitute a
separate offense.
