Borough of Ligonier, PA Nuisances, Public

Any person who knowingly provides service to patrons in the nude. "In the nude" shall include completely without clothing or without fully opaque covering so as to expose to view of the public patrons, guests, invitees or paying customers human male or female genitals, pubic hair, buttocks, anal region or postpubertal female breast from below the top of the areola or the covered male genitals in a discernibly turgid state. "Commercial nudity" does not include any service to patrons involving such nudity, provided that it has serious literacy, artistic, political, scientific, medical, educational or theatrical value and which was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient interest.

FACILITY

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.

KNOWLEDGE or KNOWLEDGE OF SUCH NUISANCE

Having knowledge of the contents and character of the patently offensive sexual conduct or other content which appears in a motion-picture film, publication or commercial nudity, or knowledge of the acts of obscenity, assignation or prostitution which occurs in any facility.

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 municipality, which is open to members of the general public, with or without the payment of a fee, at which massage services are offered.

MATTER

A motion-picture film, commercial nudity, publication or all three.

MOTION-PICTURE FILM

Includes any:

Film or plate negative;

Film or plate positive;

Film designed to be projected on a screen for exhibition;

Film, glass slide or transparency, either in negative or positive form, designed for exhibition by projection on a screen; or

Videotape or any other medium used to electronically reproduce images on a screen.

OBSCENE MATTER

Any matter which the average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest, and which depicts or describes patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or stimulated, or masturbation, excretory functions or exhibition of the genitals or genital area, and which 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.

PUBLICATION

Includes any book, magazine, article, pamphlet, writing, printing, illustration, picture, sound recording or a motion-picture film, when such film is 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 matter.

SERVICE TO PATRONS

The provision or allowance of services, advertisement or entertainment to the public, patrons, guests, invitees or paying customers, including hostessing, bartending, food or beverage servicing or preparing, table setting or clearing, waitering or waitressing, singing, dancing, massaging, counseling and also including beauty or figure contests, modeling or exhibitions.

SEXUAL CONDUCT

Any person who knowingly provides service to patrons involving ultimate sexual acts, normal or perverted, actual or simulated, involving a person or persons, or a person or persons and an animal, including acts of masturbation, sexual intercourse, fellatio, cunnilingus or analingus. Exception: "sexual conduct" does not include any service to patrons involving such conduct, provided that it has serious literary, artistic, political, scientific, medical, educational or theatrical value, and which was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient interest.

SEXUAL DEVICE

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 dildos, penisators, vibrators, vibrillators, penis rings and erection enlargement or prolonging creams, jellies or other such chemicals or preparations. "Sexual device" does not include any dissemination or sale, or possession for such purpose involving such device, provided that such device was disseminated or sold, or possessed for such purpose, for a bona fide medical, psychological, legislative, judicial or law enforcement purpose by or to a physician, psychologist, legislator, judge, prosecutor or law enforcement officer.

§ 112-3 Nuisances enumerated.

For the purposes of this article, the following are declared to be public nuisances:

Any and every facility where obscene motion-picture films are publicly exhibited or possessed for the purpose of such exhibition.

Any and every facility where obscene publications are publicly disseminated or sold, or possessed for the purpose of such dissemination.

Any and every facility where commercial nudity is practiced.

Every massage parlor which, as a regular course of business, is used for the purposes of obscenity, assignation or prostitution, and every such massage parlor in or upon which acts of obscenity, assignation or prostitution are held in occur.

Any and every facility where any sexual device is publicly disseminated or sold or possessed for the purpose of such dissemination.

Any and every facility where activities occur which through action or solicitation result in or are intended to result in sexual conduct; or

Any and every obscene motion-picture film or commercial nudity which is publicly exhibited, or any and every obscene publication or sexual device which is publicly displayed, disseminated or sold or possessed for such purpose.

§ 112-4 Notice to abate.

Upon and after receiving notice through service of a true and correct copy of the article 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 article is deemed to be a person who has knowledge of such nuisance for the purpose of this article and may, thereafter, be responsible for its maintenance and liable therefor.

§ 112-5 Violations and penalties; other methods of enforcement.

Any person convicted of violating this article shall be guilty of a summary offense and, upon conviction before any Magisterial District Judge, be subject to a fine not exceeding $600 and costs for each offense and, in default of payment thereof, shall be subject to imprisonment in the appropriate jail for a period not exceeding 30 days. Each violation shall be considered as a separate offense.

[Amended 1-12-1989 by Ord. No. 438; 7-12-2001 by Ord. No. 514]

Other methods of enforcement.

(1)

The Borough may maintain 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.

(2)

From and after service of a true and correct copy of this article and the complaint in equity as provided for in the Pennsylvania 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 Court of Common Pleas of Westmoreland County enjoining the operation of the nuisance.

(3)

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.

§ 112-6 Recovery of costs; other remedies.

Upon judgment for the Borough in legal proceedings brought pursuant to this article, an accounting shall be made by such defendant or defendants of all money or valuable consideration received by them after the receipt of the requisite notice as provided for in § 112-5B. The Court may issue an order directing that such money or its equivalent and any valuable consideration received, as well as the entire expenses of such abatement action as part of the Borough's costs, shall be recovered by the Borough of Ligonier for deposit in its general fund.

Cost of abatement.

(1)

The cost of abatement shall include the following:

(a)

Investigative costs.

(b)

Court costs.

(c)

Reasonable attorney's fees arising out of the preparation for and trial of the case, and appeals therefrom, and other costs allowed on appeal.

(d)

Printing costs of trial and appellate briefs and all other papers filed in such proceeding.

(2)

Such cost of abatement may be made a special assessment against the facility or the parcel of land upon which such facility is located. 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.

The Borough reserves the right to pursue all and any other remedies available to it, and all such remedies shall be cumulative.