[HISTORY: Adopted by the Borough Council of the Borough of
Ligonier as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 156.
[Adopted 5-10-1984 by Ord. No. 402]
This article shall be known as the "Commercial Public Nuisance
Ordinance of the Borough of Ligonier."
As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
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.
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.
A motion-picture film, commercial nudity, publication or
all three.
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.
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.
Any individual, partnership, firm, association, corporation
or other legal entity.
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.
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.
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.
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.
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.
For the purposes of this article, the following are declared
to be public nuisances:
A.
Any and every facility where obscene motion-picture films are publicly
exhibited or possessed for the purpose of such exhibition.
B.
Any and every facility where obscene publications are publicly disseminated
or sold, or possessed for the purpose of such dissemination.
C.
Any and every facility where commercial nudity is practiced.
D.
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.
E.
Any and every facility where any sexual device is publicly disseminated
or sold or possessed for the purpose of such dissemination.
F.
Any and every facility where activities occur which through action
or solicitation result in or are intended to result in sexual conduct;
or
G.
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.
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.
A.
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]
B.
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.
A.
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.
B.
Cost of abatement.
(1)
The cost of abatement shall include the following:
(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.
C.
The Borough reserves the right to pursue all and any other remedies
available to it, and all such remedies shall be cumulative.