[Ord. 1910, 6/24/1996, § 801]
1.Â
Findings. The Ross Township Board of Commissioners finds as follows:
A.Â
There are within this Township adult oriented establishments which
require special regulation by law and supervision by public safety
agencies in order to protect and preserve the health, safety and welfare
of patrons of these establishments, as well as the health, safety
and welfare of the citizens of Ross Township.
B.Â
Statistics and studies performed in a substantial number of communities
in the Commonwealth of Pennsylvania and in the United States and by
the State of Delaware indicate that:
(1)Â
Large numbers of persons, primarily male, frequent adult oriented
establishments, especially those which provide closed booths, cubicles,
studios and rooms for the private viewing of so called adult motion
pictures, videotapes or live entertainment or a combination of motion
pictures, videotapes and live entertainment.
(2)Â
The closed booths, cubicles, studios and rooms and holes in
partitions between booths, cubicles, studios and rooms have been used
by patrons, clients or customers of adult oriented establishments
for the purpose of engaging in sexual acts.
(3)Â
Male and female prostitutes have been known to frequent the
establishments in order to provide sex for hire to the patrons, clients
or customers within the booths, cubicles and rooms.
(4)Â
Doors, curtains, blinds and/or other closures installed in or
on the entrances or exits, or both, of the booths, cubicles, studios
and rooms which are closed while the booths, cubicles, studios and
rooms are in use encourage patrons using the booths, cubicles, studios
and rooms to engage in sexual acts in the closures and through holes
in partitions between the closures with prostitutes, patrons, clients
or customers, thereby promoting and encouraging prostitution and the
commission of sexual acts which result in the direct exchange of bodily
fluids which out the participants at high risk for contracting communicable
diseases, including AIDS, and which cause blood, semen and urine to
be deposited on the floors or walls, or both, of the booths, cubicles,
studios and rooms, which deposits could prove detrimental to the health
and safety of other persons who may come in contact with such deposits.
(5)Â
The reasonable regulation and supervision of such adult oriented
establishments tend to discourage sexual acts and prostitution, and
thereby promote the health, safety and welfare of the patrons, clients
and customers of these establishments.
C.Â
The continued unregulated operation of such adult oriented establishments,
including, without limitation, those specifically cited in paragraph
.A, is and would be detrimental to the general health, safety and
welfare of the citizens of Ross Township.
D.Â
The Constitution of Pennsylvania and the First Class Township Code
grants to the Ross Township Board of Commissioners power, especially
police power, to enact reasonable legislation regulate and supervise
adult oriented establishments in order to protect the public health,
safety and welfare.
2.Â
Intent. It is not the intent of the Ross Township Board of Commissioners
in enacting this legislation to deny to any person rights of speech
protected by the Constitution of the United States or the Constitution
of Pennsylvania, or both, nor is it the intent of the Ross Township
Board of Commissioners to impose by this Part any additional limitations
or restrictions on the contents of any communicative materials, including
sexually oriented films, videotapes, books and other materials. Further,
by enacting this legislation, the Ross Township Board of Commissioners
does not intend to deny or restrict the rights of any adult to obtain
or view, or both, any sexually oriented materials protected by the
Constitution of the United States or the Constitution of Pennsylvania,
or both, nor does it intend to restrict or deny any constitutionally
protected rights that distributors or exhibitors of sexually oriented
materials may have to sell, distribute or exhibit these materials.
[Ord. 1910, 6/24/1996, § 802; as amended by Ord.
2288, 4/12/2010]
1.Â
ADULT BOOKSTORE
ADULT ENTERTAINMENT
(1)Â
(2)Â
ADULT MINI-MOTION PICTURE THEATER
ADULT MOTION PICTURE THEATER
ADULT ORIENTED ESTABLISHMENT
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
EMPLOYEE
ENTERTAINER
INSPECTOR
MINOR
OPERATOR
SEXUAL ACTIVITIES
(1)Â
(2)Â
(3)Â
(4)Â
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
The following words
and phrases when used in this Part shall have the meanings given to
them in this section unless the context clearly indicates otherwise:
An establishment have a substantial or significant portion
of its stock and trade in, or an establishment which, as one of its
principal business purposes, offers for sale, books, films, video
cassettes or magazines and other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas, and in conjunction therewith has facilities for the presentation
of adult entertainment for observation by patrons.
An exhibition of any adult oriented motion pictures, meaning
those distinguished or characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
A live performance, display or dance of any type which has as
a significant or substantial portion of the performance any actual
or simulated performance of specified sexual activities or exhibition
and viewing of specified anatomical areas, removal of articles of
clothing or appearing unclothed, pantomiming, modeling or any other
personal services offered customers.
An enclosed building with a capacity of less than 50 persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
An enclosed building with a capacity of 50 or more persons
regularly used for presenting material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons.
Includes, without limitation, the following establishments
when operated for profit, whether direct or indirect:
Adult bookstores.
Adult motion picture theaters.
Adult mini-motion picture theaters.
Any premises to which the public, patrons or members are invited
or admitted and which are so physically arranged as to provide booths,
cubicles, rooms, studios, compartments or stalls separate from the
common areas of the premises for the purpose of viewing adult oriented
motion pictures, or where an entertainer provides adult entertainment
to a member of the public, a patron or a member.
An adult entertainment studio or any premises that are physically
arranged and used as such, whether advertised or represented as an
adult entertainment studio, rap studio, exotic dance studio, encounter
studio, sensitivity studio, modeling studio or any other term of like
import.
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The term "booths, cubicles, rooms, studios, compartments or
stalls" for purposes of defining adult oriented establishments does
not mean enclosures which are private offices used by the owner, manager
or persons employed on the premises for attending to the tasks of
their employment, and which are not held out to the public for the
purpose of viewing motion pictures or other entertainment for a fee,
and which are not open to any persons other than employees.
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Any and all persons, including independent contractors, who
work in or at or render any service directly related to the operation
of an adult oriented establishment.
A person who provides entertainment within an adult oriented
establishment, whether or not a fee is charged or accepted for entertainment
and whether or not entertainment is provided as an employee or an
independent contractor.
An employee of Allegheny County Health Department authorized
and designated by the Director of the Department, the Ross Township
Building Code Official, an employee of the Ross Township police department
authorized by the commanding officer of the police department or other
persons designated by the Ross Township Board of Commissioners to
inspect premises regulated under this Part to cooperate in taking
the required actions authorized by this Part where violations are
found on a premises and to request correction of unsatisfactory conditions
found on a premises.
A person under 18 years of age.
A person, partnership or corporation operating, conducting
or maintaining an adult oriented establishment.
Does not include any of the following:
Medical publications or films or bona fide educational publications
or films.
Any art or photography publications which devote at least 25%
of the lineage of each issue to articles and advertisements dealing
with subjects of art or photography.
Any news periodical which reports or describes current events
and which from time to time publishes photographs of nude or semi-nude
persons in connection with the dissemination of the news.
Any publications or films which describe and report different
cultures and which from time to time publish or show photographs or
depictions of nude or semi-nude persons when describing cultures in
which nudity or semi-nudity is indigenous to the populations.
Includes any of the following:
[Ord. 1910, 6/24/1996, § 803]
1.Â
Loitering by Minors Prohibited. No operator or employee of an adult
oriented establishment shall permit any minor to loiter in any part
of the establishment, including parking lots immediately adjacent
to the establishment used by patrons of an adult oriented establishment.
2.Â
Interior Plan. Every adult oriented establishment doing business
in the Township of Ross shall be well lighted at all times and be
physically arranged in such a manner that the entire interior portion
of the booths, cubicles, rooms or stalls where adult entertainment
is provided shall be clearly visible from the common areas of the
premises. Visibility into such booths, cubicles, rooms or stalls shall
not be blocked or obscured by doors, curtains, partitions, drapes
or any other obstruction whatsoever. It shall be unlawful to install
enclosed booths, cubicles, rooms or stalls within adult oriented establishments
for whatever purpose, but especially for the purpose of providing
for the secluded viewing of adult oriented motion pictures or other
types of adult oriented entertainment.
3.Â
Certain Apertures Prohibited. No adult oriented establishment shall
contain partitions between subdivisions of a room or portions or parts
of a building, structure or premises with an aperture which is designed
or constructed to facilitate sexual activity between persons on either
side of the partitions.
4.Â
Illumination and Visibility. The operator of each adult oriented
establishment shall be responsible for and shall provide that any
room or other area used for the purpose of viewing adult oriented
motion pictures or other types of live adult entertainment shall be
well lighted and readily accessible at all times and shall be continuously
open to view in its entirety. The premises shall be equipped with
overhead lighting fixtures of sufficient intensity to illuminate every
place to which patrons are permitted access at an illumination of
not less than one footcandle as measured at the floor level. It shall
be the duty of the operator and the operator's agents to ensure
that the illumination required by this subsection is maintained at
all times that a patron is present in the premises.
[Ord. 1910, 6/24/1996, § 804]
Every act or omission by an employee constituting a violation
of this Part shall be deemed the act or omission of the operator if
the act or omission occurs either with the authorization, knowledge
or approval of the operator or as a result of the operator's
negligent failure to supervise the employee's conduct, and the
operator shall be punishable for the act or omission in the same manner
as if the operator committed the act or caused the omission.
[Ord. 1910, 6/24/1996, § 805]
All adult oriented establishments shall be open to inspection
at all reasonable times by inspectors.
[Ord. 1910, 6/24/1996, § 806]
1.Â
Action Authorized. An action to enjoin or abate a violation of this
Part may be brought in the name of the Township of Ross by its Solicitor.
The action shall be brought and as an action in equity in the Court
of Common Pleas of Allegheny County, Pennsylvania.
2.Â
Procedure.
A.Â
If it is made to appear, by affidavits or otherwise, to the satisfaction
of that Court that a violation exists, a temporary writ of injunction
shall forthwith issue, directed to the operator of the adult entertainment
establishment or the owner of the premises, or both, restraining the
operator or owner from continuing or permitting the continuation of
any violation or violations of this Part until the conclusion of the
hearing and a decision by the Court. No bond shall be required in
instituting such proceedings. This Part, insofar as it provides for
methods of service and bond, shall not be deemed to be suspended or
affected by the Pennsylvania Rules of Civil Procedure governing the
action in equity.
B.Â
It shall not be necessary for the Court to find the property involved
was being unlawfully used at the time of the hearing, but, on finding
that the material allegations of the petition are true, the Court
shall order that neither the premises nor any part of the premises
he used in violation of this Part. Upon judgment of the Court ordering
the violations to be abated, the Court may order that neither the
premises nor any part of the premises shall be occupied or used for
any purpose for up to one year following the date of the Court's
order, but the Court may, in its discretion, permit the premises to
be occupied or used by the operator or owner if the operator or owner,
or both, posts a bond or a joint bond in the discretion of the Court
with sufficient surety to be approved by the Court in the penal and
liquidated sum of not less than $1,000 nor more than $2,500, payable
to the Township of Ross and conditioned that neither the building
nor a part of the building he used in violation of this Part, and
that the operator will pay all fines, costs and damages that may be
assessed for any violation of this Part upon the premises.
C.Â
Service of any preliminary or permanent injunction shall be made
personally upon the operator and owner of the premises if such persons
can he found in Allegheny County. If the operator or owner cannot
be found, a copy of the Order shall be delivered to any employee of
the operator on the establishment premises or, in the case of the
owner, upon an agent, if any. If no employee or agent can be found
or service cannot be made on an employee or agent of the owner, then
service shall be made as the Court may direct. Any person other than
the operator or owner who shall be served with any notice of an injunction
shall, within 24 hours thereafter, deliver the notice to the operator
or owner, as the case may be, or mail it to the operator or owner,
as the case may be, as known to the person served.
[Ord. 1910, 6/24/1996, § 807]
An operator or owner of an adult entertainment establishment
or any agent of the operator or owner who after any injunction has
been granted uses the premises or any part of the premises, or knowingly
permits the premises of any part of the premises to be used in violation
of an order of abatement or injunction, shall be subject to summary
punishment as for contempt of court, in the manner now provided by
law.
[Ord. 1910, 6/24/1996, § 808; as amended by Ord.
2288, 4/12/2010]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, 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 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 1910, 6/24/1996, § 809]
This Part shall not be deemed to affect any remedy available
against an adult entertainment establishment or adult book store.
