Township of Collier, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 395, 8/7/1979, § 1]
The Board of Commissioners of the Township of Collier find that the crass commercial exploitation of explicit sexual conduct through the public exhibition of lewd films, and the display and/or sale of lewd publications, and the use of so-called massage parlors and model studios for purposes of lewdness, assignation, or prostitution, constitutes a debasement and distortion of a sensitive key relationship of human existence, central to family life, community welfare, and the development of human personality; is indecent and offensive to the senses and to public morals and interferes with the comfortable enjoyment of life and property, in that such interference with the interest of the public in the quality of life and total community environment, the tone of commerce in the Township, property values, and the public safety; and that the continued operation of such activities is detrimental to the best health, safety, convenience, good morals, and general welfare of the Township of Collier, and/or the residents; citizens, inhabitants and businesses thereof. This Part 1A shall apply to existing establishments which are presently engaged in the type of activity herein declared to be a public nuisance.
[Ord. 395, 8/7/1979, § 2]
KNOWLEDGE OR KNOWLEDGE OF SUCH NUISANCE
Having knowledge of the contents and character of the patently offensive sexual conduct or demonstration which appears in the film, publication, or knowledge of the acts lewdness, assignation, or prostitution which occur on the premises.
LEWD MATTER
Any matter:
A. 
Which the average 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 descriptions of:
(1) 
Ultimate sexual acts, normal or perverted, actual or simulated.
(2) 
Masturbation, excretory functions, or exhibition of the genitals or genital area.
Nothing herein contained is intended to include or prescribe any matter which, when considered as a whole, and in the context in which it is used, possesses serious literary, artistic, political or scientific value.
MASSAGE
Any method of treating the superficial soft parts of the human body, for remedial, hygienic or other purposes, consisting of the rubbing, stroking; kneading, or any similar treatment, accomplished by hand or by 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, with or without the payment of a fee, at which massage services are offered.
MATTER
A motion picture film or a publication, or both.
A. 
Any premises on which 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 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 so to depict the figure model, or for admission to, or for permission to remain upon, or as a condition for remaining upon the premises.
B. 
Any premises 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 school, or any governmental agency wherein the person, firm, association, partnership or corporation operating it 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 premises where there is conducted the business of furnishing, providing or procuring figure models solely for any studio described in Subsection C(1) of this definition.
(3) 
Any studio operated by a tax exempt nonprofit corporation devoted to the development of art and its appreciation.
MOTION PICTURE FILM
Includes 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. 
Video tape or any other medium used to electronically reproduce images on a screen.
NUDE
Includes:
A. 
Completely without clothing.
B. 
With the human male or female genitals, pubic area, or buttocks with less than a full opaque covering or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the covered male genitals in a discernibly turgid state.
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
Includes 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
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, lewd matter.
[Ord. 395, 8/7/1979, § 3]
1. 
Any and every place in the Township of Collier where lewd films are publicly exhibited or possessed for the purpose of such exhibition; and any and every place in the Township of Collier where a lewd film is publicly or repeatedly exhibited, or possessed for the purpose of such exhibitions, is a public nuisance.
2. 
Any and every lewd film which is publicly exhibited or possessed for such purposes at a place which is a public nuisance under Subsection 1 above, is a public nuisance per se.
3. 
From and after service on the theater, or its manager, or acting manager, or person then in charge of such place, of a true and correct copy of this Part 1A and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 hereof, all monies paid thereafter as admission price to such exhibitions are also declared to be a public nuisance, as personal property used in conducting and maintaining a declared public nuisance.
[Ord. 395, 8/7/1979, § 4]
1. 
Any and every place in the Township of Collier in which lewd publications constitute a part of the stock in trade is a public nuisance.
2. 
Any and every lewd publication possessed at a place which is a public nuisance under Subsection 1, 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 1A and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 hereof, all valuable consideration received for the sale of such lewd publications is also declared to be a public nuisance as personal property used in conducting and maintaining a declared public nuisance.
[Ord. 395, 8/7/1979, § 5]
1. 
Every massage parlor or model studio, which, as a regular course of business, is used for the purposes of lewdness, assignation, or prostitution, and every such massage parlor or model studio in or upon such acts of lewdness, assignations, or prostitution, are held or occur, is a public nuisance which shall be enjoined, abated, and prevented.
2. 
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 1A and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 hereof, 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.
[Ord. 395, 8/7/1979, § 6]
1. 
Upon and after receiving notice through service of a true and correct copy of this Part 1A and of a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct, or operate a place in the Township of Collier which is declared to be a public nuisance as set forth and stated in §§ 6-103, 6-104, or 6-105 of this Part 1A, is deemed to be a person who has knowledge of such nuisance for the purpose of this Part 1A and is, thereafter responsible for its maintenance, and shall be liable therefor.
2. 
The place and subject matter declared to be public nuisances under §§ 6-103, 6-104, or 6-105 shall be abated as provided for herein.
[Ord. 395, 8/7/1979, § 7]
1. 
Upon a specific finding that a public nuisance, as defined in §§ 6-103, 6-104, or 6-105 of this Part 1A, exists in the Township of Collier, the Board of Commissioners, in applying the provisions of this Part 1A to such nuisance, shall provide for the following by resolution:
A. 
Declare the fact that such nuisance exists.
B. 
Set forth the description or legal description and street address of the place which constitutes the nuisance.
C. 
Set forth the evidentiary facts considered by the Board of Commissioners in arriving at its factual determination.
(1) 
In the case of a motion picture film or films, such shall include a recitation of the particular sexual conduct and acts which the Board of Commissioners find are patently offensive, and the basis for the finding by the Board of Commissioners that (a) such films are publicly exhibited in the course of business, or that (b) such film is publicly or repeatedly exhibited, or held for such exhibition at the place declared to be a nuisance.
(2) 
In the case of a publication or publications, such shall include a recitation of (a) the particular publications considered by the Board of Commissioners, and those which the Board of Commissioners finds to be patently offensive; and (b) the basis for the finding by the Board of Commissioners that such publications are displayed, sold or held for sale at any place found by the Board of Commissioners to be a public nuisance, and (c) the basis of the finding by the Board of Commissioners that such publications constitute a part of the stock in trade of such place of business or other place.
(3) 
In the case of a massage parlor or model studio, such shall include a recitation of (a) the particular acts of lewdness, assignation, or prostitution which have occurred, and (b) the basis for the finding by the Board of Commissioners that such acts occur in the course of business.
D. 
Order all person described in § 6-106.1 hereof to summarily abate such public nuisance within 24 hours of service of such order on any such persons, by terminating the exhibition, sale, or possession for sale of such lewd subject matter or by ceasing to use the place where the nuisance is declared to exist or by terminating the use of said premises for the purposes of lewdness, assignation, or prostitution, or causing the same to be terminated, and notifying the Chief of Police of the Township of compliance therewith by sworn affidavit as ordered by the action of the Board of Commissioners in such resolution.
E. 
Order the Solicitor for the Township to proceed as directed in § 6-109 of this Part 1A and do all things necessary to abate such public nuisance through judicial proceedings and to conclude such proceedings as expeditiously as is permissible under the law, including requesting the Court to advance such proceedings on the calendar of the Court.
F. 
Inform and give notice to persons designated in § 6-106.1 that:
(1) 
The Board of Commissioners has determined that a public nuisance presently exists at such place and address, and that, under § 6-106.1 of said Part 1A, they are deemed to have knowledge thereof and are responsible therefor.
(2) 
That in the event the order of the Township is not complied with within 24 hours, the Board of Commissioners has ordered the Solicitor, as provided for under § 6-109 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 6-107 of this Part 1A, and that under § 6-108.1 and .2 of this Part 1A, the costs of abatement of such civil abatement action filed including investigative costs, court costs, attorney's fees, and other expenses, are made a special assessment against the parcel of land upon which such nuisance is being maintained and, upon their determination in such court action, will, be separate legal procedure, be made a lien against such property and a personal obligation against any person, persons, firm, association, partnership, corporation, or other entity deemed to be in violation of this Part 1A.
(3) 
All lewd motion picture films or lewd publications being used in conducting and maintaining such public nuisance are contraband and the subject of forfeiture.
(4) 
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 1A and a true and correct copy of such resolution, any and all monies paid as admission price to or for the exhibition or exhibitions of such lewd motion picture films, and valuable consideration received for the sale of such lewd publications, and all monies or other valuable consideration received for services rendered in such massage parlors or model studios are a public nuisance, as personal property used in conducting and maintaining such nuisance and, as such, are the subject of forfeiture.
G. 
Order that a true and correct copy of said resolution and a true and correct copy of this Part 1A be delivered forthwith in any manner normally used to effectuate personal service of process to all persons of record having any legal or equitable interest in the real property, and to the regular or acting manager or persons in charge of the place therein declared a public nuisance.
[Ord. 395, 8/7/1979, § 8]
1. 
Upon judgment for the Township of Collier in legal proceedings brought pursuant to this Part 1A, an accounting shall be made by such defendant or defendants of all monies or valuable consideration received by them which have been declared to be a public nuisance under §§ 6-103.3, 6-104.3, or 6-105.2 of this Part 1A. Such monies or their equivalent and any valuable consideration received shall be forfeited to the General Fund of the Township of Collier or to the Township of Collier as property of the Township of Collier if any valuable consideration received be not money.
2. 
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 cause, 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. Such cost of abatement is hereby made a special assessment against the parcel of land upon which such nuisance is maintained. 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, persons, firm, association, partnership, corporation, or other entity and shall be collected at the same time in the same manner as ordinary Township taxes are collected, and shall be subject to the same penalties end the same procedure and sale in the case of delinquency as provided for ordinary Township taxes. All laws, applicable to the levy, collection, and enforcement of Township taxes, shall be applicable to such special assessment.
[Ord. 395, 8/7/1979, § 9]
1. 
Upon a specified finding by resolution of the Township of Collier of the fact that a public nuisance exists at a particular location, the Solicitor shall:
A. 
Not later than three days after passage of said resolution, commence legal proceedings by the filing of a civil action seeking the following relief:
(1) 
A declaratory judgment that the matter named by the Board of Commissioners is lewd, as defined herein.
(2) 
A declaratory judgment that the matter found to be lewd is or are public nuisances per se under this Part 1A and such resolution.
(3) 
A declaratory judgment that each place named by the Board of Commissioners is a public nuisance under this Part 1A and such resolution.
(4) 
An accounting of all monies paid as admission price to or for the exhibition or exhibitions of such lewd motion picture films, and valuable consideration received for the sale of such lewd publications, and all monies or other valuable consideration received for services rendered in such massage parlors or model studios from and after the time the persons maintaining said nuisance receive notice of the finding by the Board of Commissioners by resolution that the public nuisance exists, and a judgment that such monies or valuable consideration are a public nuisance under this Part 1A.
(5) 
An order that all admission price monies or valuable consideration received and enumerated in the court-ordered accounting be forfeited as contraband to the General Fund of the Township of Collier or as property belonging to the Township of Collier.
(6) 
An injunction enjoining and restraining all persons responsible for maintaining said nuisance from possessing or publicly exhibiting said lewd motion picture films, or from selling or possessing for sale said lewd publications, or from committing acts of lewdness, assignation, or prostitution, at any time in the future in the Township of Collier and such other injunctive relief as the court may order.
(7) 
An order that all positive prints of the named lewd film and all lewd publications or copies or reproductions thereof be forfeited as contraband under this Part 1A.
(8) 
Judgment for the Township of Collier for all costs therein expended, including investigative costs, court costs, reasonable attorney's fee, and such other expenses as are provided for herein.
(9) 
All other relief as the court may deem proper.
[Ord. 577, 9/5/2000, § 101]
1. 
Purpose.
A. 
Pursuant to the authority granted to the Township to prohibit nuisances; to promote the health, cleanliness, comfort and safety of the citizens of Collier Township; to define and prohibit disorderly practices; to regulate buildings and to regulate the time of opening and closing, and the conduct of places of public entertainment, amusement and recreation, the Township of Collier enacts this Ordinance to minimize and control the adverse secondary effects of adult businesses and thereby protect the health, safety, and welfare of its citizens; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods; and deter the spread of blight.
B. 
The Board of Commissioners has determined that location criteria alone does not adequately protect the health, safety and general welfare of the people of the Township, and that licensing is a legitimate and reasonable means of accountability to insure that operators of adult businesses comply with reasonable regulations and to insure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation.
C. 
It is not the intent of the Board 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 Board to impose by this chapter 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 Board does not intend to deny or restrict the rights of any adult to obtain or view, or both, any sexually oriented materials or conduct 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.
2. 
Legislative Findings. The Board of Commissioners finds:
A. 
Statistics and studies performed in a substantial number of communities in this Commonwealth, the State of Delaware and in the United States indicate that adult businesses have adverse secondary effects, including those specified at 68 Pa.C.S.A. § 5501(a), which secondary effects should be regulated to protect the public health, safety, and welfare. These secondary effects include, but are not limited to the spread of communicable diseases, performance of sexual acts in public places, presence of discarded adult materials on public and private property, sexual harassment, obscenity, prostitution and other illegal sexual activities, crime and neighborhood deterioration. Information received from the Collier Township Chief of Police and Solicitor also indicates that such adverse secondary effects result.
B. 
A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the adult businesses. Further, such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the adult business is run in a manner consistent with the health, safety, and welfare of its patrons and employees, as well as the citizens of the Township. It is appropriate to require reasonable assurances that the licensee is the actual operator of the adult business, fully in possession and control of the premises and activities occurring therein.
C. 
Removal of doors on viewing booths and requiring sufficient lighting on premises with viewing booths advances a substantial governmental interest in discouraging the illegal and unsanitary sexual activity occurring in adult theaters.
D. 
Requiring licensees of adult businesses to keep information regarding current employees and certain past employees will help reduce the incident of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working in such establishments.
E. 
The disclosure of certain information by those persons ultimately responsible for the day-to-day operation and maintenance of the adult business, limiting the adverse secondary effects of such businesses.
F. 
It is desirable in the prevention of the spread of communicable diseases and in the reduction of adverse secondary effects to obtain a limited amount of information regarding certain employees who may engage in the conduct which this Part 1B is designed to prevent or who are likely to be witnesses to such activity.
G. 
The fact that an applicant for an adult business license has been convicted of a sexually related crime leads to the rational assumption that the applicant is likely to engage in criminal conduct in contravention of this Part 1B.
H. 
The barring of such individuals from the management of adult businesses for a period of years serves as a deterrent to and prevents conduct which leads to the transmission of sexually transmitted diseases and which results in other adverse secondary effects.
I. 
The general welfare, health, and safety of the citizens of the Township will be promoted by the enactment of this Part 1B.
J. 
Limitation of operating hours of adult businesses to 8:00 a.m. to 10:00 p.m. Mondays through Saturdays, and closure of such businesses on Sundays and holidays reduces the adverse secondary effects of such businesses, including, particularly, but not limited to, late night noise levels, crime and sexually offensive materials and activities in public areas, and promotes the public health, safety, and welfare.
K. 
The reasonable regulation and supervision of such adult businesses tends to discourage sexual acts and prostitution and thereby promote the health, safety, and welfare of the patrons, clients and customers of these businesses.
L. 
The continued unregulated operation of such adult businesses is and would be detrimental to the general health, safety, and welfare of the citizens of Collier Township.
[Ord. 577, 9/5/2000, § 102]
As used in this Part 1B the following words and phrases shall have the meanings indicated unless the context clearly indicates a different meaning:
ADULT ARCADE
Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained, not located within viewing booths, to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."
ADULT BOOKSTORE OR ADULT NOVELTY STORE
An establishment having 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 or rental, any of the following:
(1) 
Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, CD ROM discs or other computer software, and other visual representations, 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 may have viewing booths or other facilities for the presentation of adult entertainment for observation by patrons.
(2) 
Instruments, devices, or paraphernalia which are designed for use in connection with "specified sexual activities."
ADULT BUSINESS
An adult arcade, adult bookstore, adult novelty store, adult cabaret, adult theater, escort agency, nude model studio or sexual encounter or mediation center.
(1) 
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.
(2) 
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 or persons in a state of nudity.
(3) 
Films, motion pictures, video cassettes, slides or other photographic reproductions or visual presentations of any other kind which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical."
ADULT THEATER
A theater, tavern, banquet hail, party room, conference center, restaurant, nightclub, hall, auditorium, club, recreation center, indoor amusement center or similar commercial establishment which, as one of its principal business purposes, offers adult entertainment.
EMPLOYEE
A person who performs any service on the premises of an adult business on a full-time, part-time or contract basis, whether or not the person is denominated an employee, independent contractor, agent or otherwise and whether or not said person is paid a salary, wage or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.
ESCORT
A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
ESCORT AGENCY
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
ESTABLISH
And includes any of the following:
(1) 
The opening or commencement of any adult business as a new business.
(2) 
The conversion of an existing business, whether or not a adult business, to any adult business.
(3) 
The addition or change of any adult business to any other existing adult business or to a nonadult business.
(4) 
The relocation of any adult business.
KNOWINGLY
Having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry of both:
(1) 
The character and content of any material or performance described herein which is reasonably susceptible of examination by a licensee or person.
(2) 
The age of the minor; provided, however, that an honest mistake shall constitute an excuse from liability hereunder if the licensee or person made a reasonable bona fide attempt to ascertain the true age of such minor.
LICENSEE
A person in whose name a license to operate an adult business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in an adult business.
NUDE MODEL STUDIO
Any place where a person who appears in a state of nudity, or who displays "specified anatomical areas" and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Pennsylvania or a college, junior college, or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
(1) 
That has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
(2) 
Where in order to participate in a class a student must enroll at least three days in advance of the class.
(3) 
Where no more than one nude model is on the premises at any one time.
NUDITY OR A STATE OF NUDITY
The showing of any part of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any pad of the nipple, or the showing of the covered male genitals in a discernible turgid state.
PERSON
An individual, proprietorship, partnership, corporation, association, or other legal entity.
SEXUAL ENCOUNTER OR MEDIATION CENTER
A business, agency or person which, for consideration, provides for commercial purposes a place where persons, not all members of the same family, may congregate, assemble, or associate for the purpose of engaging in specified sexual activities or exposing specified anatomical areas as defined herein.
SPECIFIED ANATOMICAL AREAS
Human genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely covered.
SPECIFIED CRIMINAL ACTIVITY
Any of the following offenses:
(1) 
Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity; sexual assault; molestation of a child; gambling; or distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries; for which:
(a) 
Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense.
(b) 
Less than five years have elapsed since the date of conviction or the date or release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
(c) 
Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty-four-month period.
(2) 
The fact that a conviction is being appealed shall have not effect on the disqualification of the applicant or a person residing with the applicant.
SPECIFIED SEXUAL ACTIVITIES
Any of the following:
(1) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
(2) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.
(3) 
Human genitals in a state of sexual stimulation or arousal.
TRANSFER OF OWNERSHIP OR CONTROL OF AN ADULT BUSINESS
Any of the following:
(1) 
The sale, lease, or sublease of the business.
(2) 
The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means.
(3) 
The establishment of a trust, gift, or other similar legal advice which transfer the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
VIEWING BOOTHS
Booths, stalls, partitioned portions of a room, cubicles, stalls, compartments, rooms, or other enclosures which are available to members of the public, patrons or members for viewing (1) films, movies, videos, or visual reproductions of any kind depicting or describing "specified sexual activities" or "specified anatomical areas," or (2) persons who appear in a state of nudity or who offer performances or presentations characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
[Ord. 577, 9/5/2000, § 103]
1. 
It is unlawful:
A. 
For any person to operate or establish an adult business without a valid adult business license issued by the Township pursuant to this Part 1B.
B. 
For any person who operates an adult business to employ a person to work for the adult business who is not licensed as an adult business employee by the Township pursuant to this Part 1B.
C. 
For any person to obtain employment with an adult business without having secured an adult business employee license pursuant to this Part 1B.
D. 
Beginning on the sixtieth day after enactment of this Part 1B for any person to continue to operate any adult business in operation at the time of enactment of this Part 1B without a valid adult business license pursuant to this Part 1B.
E. 
Beginning on the sixtieth day after enactment of this Part 1B for any person who operate an adult business in operation at the time of enactment of this Part 1B to employ a person to work for the adult business who is not licensed as an adult business employee by the Township pursuant to this Part 1B.
F. 
Beginning on the sixtieth day after enactment of this Part 1B for any person to obtain employment with an adult business in operation at the time of enactment of this Part 1B without having secured an adult business employee license pursuant to this Part 1B.
2. 
An application for a license must be made on a form provided by the Township.
3. 
All applicants must be qualified according to the provisions of this Part 1B. The application may request and the applicant shall provide such information (including, without limitation, criminal record history and fingerprints) as to enable the Township to determine whether the applicant meets the qualifications established in this Part 1B.
4. 
If a person who wishes to operate an adult business is an individual, the person must sign the application for a license as applicant. If a person who wishes to operate an adult business is other than an individual, each individual who has a 20% or greater interest in the business must sign the application for a license as applicant. Each applicant must be qualified under the following section and each applicant shall be considered a licensee if a license is granted.
5. 
The completed application for an adult business license shall contain the following information and shall be accompanied by the following documents:
A. 
If the applicant is:
(1) 
An individual, the individual shall state his/her legal name and any aliases and submit proof that he/she is at least 18 years of age.
(2) 
A partnership, the partnership shall state its complete name, and the name of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any, and provide for each partner the information required below in Subsections 5C, 5D, 5E, 5H, 5I, and 5J.
(3) 
A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of its state of incorporation and qualified and authorized to conduct business in Pennsylvania, the names and capacity of all officers, directors, all owners of more than 20% of the corporation's stock, and the name of the registered corporate agent and the address of the registered office for service of process, and provide for each officer, director and owner of 20% or more of the corporate stock the information required below at in Subsections 5C, 5D, 5E, 5H, 5I, and 5J.
(4) 
For an entity other than a partnership or corporation, the entity shall submit the information required below in Subsections 5C, 5D, 5E, 5H, 5I, and 5J for each person exercising control over the entity.
B. 
If the applicant intends to operate the adult business a name other than that of the applicant, he or she must state (1) the adult business' fictitious name and (2) submit the required registration documents.
C. 
Whether the applicant, or a person residing with the applicant, has been convicted of a specified criminal activity as defined in this Part 1B, and, if so, the specified criminal activity involved, the date, place and jurisdiction of each.
D. 
Whether the applicant, or a person residing with the applicant, has had a previous license under this Part 1B or other similar adult business ordinance from another municipality, state, or county denied, suspended, or revoked, including the name and location of the adult business for which the permit was denied, suspended, or revoked, as well as the date of the denial, suspension, or revocation, and whether the applicant or a person residing with the applicant has been a partner in a partnership or an officer, director, or principal stockholder of a corporation that is licensed under this Part 1B whose license has previously been denied, suspended, or revoked, including the name and location of the adult business for which the permit was denied, suspended, or revoked as well as the date of denial, suspension, or revocation.
E. 
Whether the applicant or a person residing with the applicant holds any other licenses under this Part 1B or other similar adult business ordinance from another municipality, state, or county and, if so, the names and locations of such other licensed businesses.
F. 
The specific classification of adult business use for which the applicant is filing.
G. 
The location of the proposed adult business, including a legal description of the property, street address, and telephone number(s), if any.
H. 
The applicant's mailing address and residential address.
I. 
A recent photograph of the applicant(s).
J. 
The applicant's driver's permit number, Social Security number, and his/her state or federally issued tax identification number.
K. 
A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.
L. 
A current certificate and straight-line drawing prepared within 30 days prior to application by a registered land surveyor depicting the property lines, the property to be certified.
M. 
If an applicant wishes to operate an adult business, which includes viewing booths, then the applicant shall also comply with the application requirements set forth in § 6-121 and shall separately apply for and obtain a building and occupancy permit for the installation of the viewing booths.
N. 
The application form shall inform the applicant that (1) separate applications are required for any necessary zoning permits, subdivision and land development approvals or building and occupancy permits and that the applicant may apply for such permits by contacting the Township Building Officer and (2) that Department of Labor and Industry approval is required.
O. 
The applicant shall submit a scale drawing of any sign proposed to be placed upon the licensed premises, which drawing will include a rendering of any letters, words, figures, designs, pictures or other visible communicative element on any such sign. In addition to all other Township sign regulations, the following regulations shall apply.
(1) 
All signs shall be flat wall signs.
(2) 
No merchandise or pictures of the products or entertainment available on the premises shall be displayed in window areas or in any area where they can be viewed from the public right-of-way abutting the premises.
(3) 
No signs shall be placed in any window or upon any door, except that a one square foot sign may be placed on the door to state hours of operation and admittance to adults only.
P. 
Applications shall be accompanied by written authorization of the property owner.
6. 
Before any applicant may be issued an adult business employee license, the applicant shall submit on a form to be provided by the Township the following information:
A. 
The applicant's name or any other name (including "stage" names) or aliases used by the individual.
B. 
Age, date, and place of birth.
C. 
Height, weight, hair, and eye color.
D. 
Present residence address and telephone number.
E. 
Present business address and telephone number.
F. 
Date, issuing state, and number of driver's license or other identification card information.
G. 
Social Security number.
H. 
Proof that the individual is at least 18 years of age.
7. 
Attached to the application form for an adult business employee license as provided above, shall be the following:
A. 
A color photograph of the applicant clearly showing the applicant's face, and the applicant's fingerprints on a form provided by any police department. Any fees for the photographs and fingerprints shall be paid by the applicant.
B. 
A statement detailing the license history of the applicant for the five years immediately preceding the date of the filing of the application, including whether such applicant previously operated or is seeking to operate, in this or any other county, municipality, state, or country any business or has ever had a license, permit, or authorization to do business denied, revoked, or suspended, or had any professional or vocational license or permit denied, revoked, or suspended. In the event of any such denial, revocation, or suspension, state the name, the name of the issuing or denying jurisdiction, and describe in full the reason for the denial, revocation, or suspension. A copy of any order of denial, revocation, or suspension shall be attached to the application.
C. 
A statement whether the applicant has been convicted of a specified criminal activity as defined in this Part 1B and, if so, the specified criminal activity involved, the date, place, and jurisdiction of each.
[Ord. 577, 9/5/2000, § 104]
1. 
Upon the filing of said application in a fully completed form for an adult business license or for an adult business employee license, the application shall then be referred to the Township Chief of Police for review and investigation. Reference to the Township Chief of Police herein shall include any designee of the Chief of Police. The Township Chief of Police shall utilize any available resources through the Pennsylvania State Police, the Commonwealth of Pennsylvania and/or other law enforcement agencies as may be necessary to complete the review and investigation required by this Part 1B. Within 30 days from the date the completed application is filed, the Chief of Police shall issue a license, unless it is determined by the Chief of Police that one or more of the following findings is true:
A. 
The applicant has failed to provide information reasonably necessary for issuance of the license or has falsely answered a question or request for information on the application form.
B. 
The applicant is under the age of 18 years.
C. 
The applicant has been convicted of a "specified criminal activity" as defined in this Part 1B.
D. 
The adult business employee license is to be used for employment in a business prohibited by local or state law, statute, rule, or regulation, or prohibited by a particular provision of this Part 1B.
E. 
The applicant has had an adult business employee license revoked by the Township within two years of the date of the current application. If the adult business employee license is denied, the temporary license previously issued is immediately deemed null and void. Denial, suspension, or revocation of a license issued pursuant to this subsection shall be subject to appeal as set forth in § 6-119.
F. 
The required application, investigation, and license fees have not been paid.
G. 
An applicant's license to operate an adult business, issued by any jurisdiction, has been revoked within the preceding 12 months.
H. 
The proposed adult business is in violation of or is not in compliance with any of the provisions of this Part 1B.
2. 
A license granted pursuant to this section shall be subject to annual renewal upon the written application of the applicant and a finding by the Township Chief of Police that the applicant has not been convicted of any specified criminal activity as defined in this Part 1B or committed any act during the existence of the previous license which would be grounds to deny the initial license application. The renewal of the license shall be subject to the payment of the fee as set forth in § 6-119.
3. 
The license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, the address of the adult business and the specific classification of adult use for which the license is issued. Licenses for adult businesses shall state that the adult business shall not commence until all necessary zoning, subdivision and land development, and/or building code approvals and Department of Labor and Industry approvals are obtained. All licenses shall be posted in a conspicuous place at or near the entrance to the adult business so that they may be easily read at any time.
4. 
Applications for building and occupancy permits shall be processed and either denied or approved within 30 days of the submittal of a complete application. A letter notifying the applicant of such denial or approval shall be mailed to the applicant within 30 days of the submittal of a complete application.
5. 
An adult business license shall issue for the specific classification of adult use as permitted by ordinance and applied for.
6. 
A license denial shall conform to the provisions of § 6-119.
7. 
Any person aggrieved by the grant of a license may appeal, in writing, within 10 days from the date of issuance of the license, to the Township Board of Commissioners. The appeal shall specify the grounds on which it is taken and any ground not specified shall be waived. The Township Board of Commissioners shall then hold or designate a hearing body to hold a local agency law hearing within 20 days of the date of filing of the appeal and render a decision within 10 days from the end of the hearing. Appeals from a decision of the Township Board of Commissioners or the designated appeal body may be taken to court subject to § 6-119.5 of this Part 1B.
[Ord. 577, 9/5/2000, § 105]
1. 
Every application for an adult business license (whether for a new license or for renewal of an existing license) shall be accompanied by a nonrefundable application and investigation fee in an amount set by resolution of the Board of Commissioners.
2. 
In addition to the application and investigation fee required above, every adult business that is granted a license (new or renewal) shall pay to the Township an annual nonrefundable license fee in an amount set by resolution of the Board of Commissioners within 30 days of license issuance or renewal.
3. 
Every application for an adult business employee license (whether for a new license or for renewal of an existing license) shall be accompanied by an annual nonrefundable application, investigation, and license fee in an amount set by resolution of the Board of Commissioners.
4. 
All license applications and fees shall be submitted to the office of the Township Manager, and, thereafter, the applications shall be forwarded to the Township Chief of Police for review and investigation and approval or denial.
[Ord. 577, 9/5/2000, § 106]
1. 
An applicant or licensee shall permit authorized Township officials and their agents or consultants to inspect the premises of an adult business at all reasonable times for the purpose of insuring compliance with the law, at any time it is occupied or open for business.
2. 
A person who operates an adult business or his agent or employee commits a violation of this Part 1B if he refuses to permit such lawful inspection of the premises at any time it is occupied or open for business.
[Ord. 577, 9/5/2000, § 107]
1. 
Each license shall expire one year from the date of issuance and may be renewed only by making application as provided in § 6-113. Application for renewal shall be made at least 30 days before the expiration date, and when made less than 30 days before the expiration date, the date of expiration of the license will not be extended.
2. 
When the Township denies renewal of a license, the applicant shall not be issued a license for one year from the date of denial. If, subsequent to denial, the Township finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date denial became final.
[Ord. 577, 9/5/2000, § 108]
1. 
The Township Chief of Police shall suspend a license for a period not to exceed 30 days if he determines that a licensee or an employee of a licensee has:
A. 
Violated or is not in compliance with any provision of this Part 1B.
B. 
Refused to allow an inspection of the adult business premises as authorized by this Part 1B.
C. 
Knowingly permitted gambling by any person on the adult business premises.
[Ord. 577, 9/5/2000, § 109]
1. 
The Township Chief of Police shall revoke a license if a cause of suspension in § 6-118 occurs and the license has been suspended within the preceding 12 months.
2. 
The Township Chief of Police shall revoke a license if he determines that:
A. 
A licensee gave false or misleading information in the material submitted during the application process.
B. 
A licensee has knowingly allowed possession, use, or sale of controlled substances on the premises.
C. 
A licensee has knowingly allowed prostitution on the premises.
D. 
A licensee knowingly operated the adult business during a period of time when the licensee's license was suspended.
E. 
A licensee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or other sex act to occur in or on the licensed premises.
F. 
A licensee is delinquent in payment to the Township for any licensing fees past due.
3. 
When the Township revokes a license, the revocation shall continue for one year, and the licensee shall not be issued an adult business license for one year from the date the revocation became effective. If, subsequent to revocation, the Township finds that the basis for the revocation has been corrected or abated, the revocation may be dissolved if at least 90 days have elapsed since the date the revocation became effective and the basis for the revocation was not a basis set forth in Subsection 2.
4. 
All license application, renewal, suspension, or revocation decisions shall be sent in writing to the applicant or licensee. All such decisions which deny, suspend, or revoke a permit shall state specifically the ordinance requirement not met and any other basis for the decision. After denial of an application, or denial of a renewal of an application, or after suspension or revocation of any license, the applicant or licensee may appeal pursuant to the Local Agency Law, 2 Pa.C.S.A. § 551 et seq., to the Township Board of Commissioners. Any such appeal must be filed, in writing, with the Township Secretary, within 10 days from the date of mailing of the decision appealed from. Failure to file said appeal with the Township Secretary within 10 days from the date of the mailing of the decision appealed from shall constitute a waiver of the right to appeal the issues or matters addressed by the written decision. The Township Board of Commissioners will then hold or designate a hearing body to hold a Local Agency Law hearing within 20 days from the date the appeal is filed. A written decision will be issued within 10 days from the date such hearing concludes. In the case of a denial of a license renewal, or in the case of a license suspension or revocation, the licensee may continue to operate to the same extent as immediately prior to the suspension or revocation until the earlier of: (1) the expiration of the ten-day appeal period without filing of an appeal; or (2) the date of a decision dismissing any appeal.
5. 
Any person aggrieved by a decision of the Township Board of Commissioners or the designated hearing body may appeal to a court of competent jurisdiction. The Township shall, upon filing of such appeal, consent to any request by a license applicant or licensee to the court to give expedited review to such appeal. The Township shall promptly certify any record to the court upon any request by the court to do so.
[Ord. 577, 9/5/2000, § 110]
A licensee shall not transfer his/her license to another, nor shall a licensee operate an adult business under the authority of a license at any place other than the address designated in the application.
[Ord. 577, 9/5/2000, § 111]
1. 
A person who operates viewing booths or causes them to be operated shall comply with the following requirements:
A. 
Upon application for an adult license, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager's stations and the location of all overhead lighting fixtures and designating any portion of the premises in which patrons will not be permitted. A manager's station may not exceed 32 square feet of floor area. The diagram shall also designate the place at which the permit will be conspicuously posted, if granted. A professionally prepared diagram in the nature of an engineer's or architect's blueprint shall not be required; however, each diagram should be oriented to the north or to some designated street or object and should be drawn to a designated scale or with marked dimensions sufficient to show the various internal dimensions of all areas of interior of the premises to an accuracy of plus or minus six inches. The Township may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
B. 
The application shall be sworn to be true and correct by the applicant.
C. 
It is the duty of the licensee of the premises to ensure that at least one licensed employee is on duty and situated in each manager's station at all times that any patron is present inside the premises.
D. 
The interior of the premises shall be configured in such a manner that there is an unobstructed view from the managers station of every area of the premises to which any patron is permitted access for any purpose excluding restrooms. Restrooms may not contain video reproduction equipment. If the premises has two or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager's stations. The view required in this subsection must be by direct line of sight from the manager's station. In addition, all viewing booths shall have at least one side fully open so that all of the area inside the booth is open to the view of persons in the public area of the establishment.
E. 
It shall be the duty of the licensees to ensure that the view area specified in Subsection 1D remains unobstructed by any doors, curtains, partitions, walls, merchandise, display racks or other materials and, at all times, to ensure that no patron is permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to Subsection 1A of this section.
F. 
No viewing room may be occupied by more than one person at any time.
G. 
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 five foot candle as measured at the floor level.
H. 
It shall be the duty of the licensees to ensure that the illumination described above as maintained at all times that any patron is present in the premises.
I. 
No licensee shall allow openings of any kind to exist between viewing rooms or booths.
J. 
No person shall make or attempt to make an opening of any kind between viewing booths or rooms.
K. 
The licensee shall, during each business day, regularly inspect the walls between the viewing booths to determine if any openings or holes exist.
L. 
The licensee shall cause all floor coverings in viewing booths to be nonporous, easily cleanable surfaces, with no rugs or carpeting.
M. 
The licensee shall cause all wall surfaces and ceiling surfaces in viewing booths to be constructed of, or permanently covered by, nonporous, easily cleanable material. No wood, plywood, composition board, or other porous material shall be used within 48 inches of the floor.
[Ord. 577, 9/5/2000, § 112]
1. 
An escort agency shall not employ any person under the age of 18 years.
2. 
A person commits a violation of this Part 1B if the person acts as an escort or agrees to act as an escort for any person under the age of 18 years.
[Ord. 577, 9/5/2000, § 113]
1. 
A nude model studio shall not employ any person under the age of 18 years.
2. 
A person under the age of 18 years commits a violation of this Part 1B if the person appears in a state of nudity in or on the premises of a nude model studio. It is a defense to prosecution under this subsection if the person under 18 years was in a restroom not open to public view or visible to any other person.
3. 
A person commits a violation of this Part 1B if the person state of nudity, or knowingly allows another to appear in a state of nudity a nude model studio premises which can be viewed from the public right appears in a in an area of way.
4. 
A nude model studio shall not place or permit a bed, sofa, or mattress in any room on the premises, except that a sofa may be placed in a reception room open to the public.
[Ord. 577, 9/5/2000, § 114; as amended by Ord. 652, 4/13/2011]
1. 
It shall be a violation of this Part 1B for a person to knowingly and intentionally, in a public place:
A. 
Engage in sexual intercourse or to engage in deviate sexual intercourse as defined by the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 101 et seq.
B. 
Appear in a state of nudity.
C. 
Fondle the genitals of himself, herself, or another person.
2. 
For purposes of this Part 1B, "public place" includes all outdoor areas owned by or open to the general public and all buildings and enclosed places owned by or open to the general public including, but not limited to, places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, and party rooms or halls restricted to adults or to patrons invited to attend, whether or not an admission charge is levied. This section shall not apply to:
A. 
Any child under 10 years of age.
B. 
Any individual exposing a breast in the process of breast-feeding an infant under two years of age.
C. 
The exercise of free speech or free expression in the form of artistic and theatrical performances. It is the intention of the Borough that this section be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights.
3. 
It shall be a violation of this Part 1B for a person to knowingly or intentionally in an adult oriented business appear in a semi-nude condition unless the person is an employee who, while semi-nude, is at least 10 feet from any patron or customer and on a stage at least two feet from the floor.
4. 
It shall be a violation of this Part 1B for an employee, while semi-nude in an adult oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or offer a gratuity to any employee while said employee is semi-nude in an adult oriented business.
[Ord. 577, 9/5/2000, § 115]
A person commits a violation of this Part 1B if the person knowingly allows a person under the age of 18 years on the premises of an adult business.
[Ord. 577, 9/5/2000, § 116]
No adult business shall be open for business before 8:00 a.m., Monday through Saturday or after 10:00 p.m., Monday through Saturday. Adult businesses shall not be open for business at any time on Sundays and legal holidays.
[Ord. 577, 9/5/2000, § 117]
1. 
It is a defense to prosecution under § 6-124 that a person appearing in a state of nudity did so in a modeling class operated:
A. 
By a proprietary school, licensed by the Commonwealth of Pennsylvania, a college, junior college, or university supported entirely or partly by taxation.
B. 
By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
C. 
In a structure:
(1) 
Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing.
(2) 
Where, in order to participate in a class a student must enroll at least three days in advance of the class.
(3) 
Where no more than one nude model is on the premises at any one time.
[Ord. 577, 9/5/2000, § 118; as amended by Ord. 652, 4/13/2011]
1. 
Any person, firm, or corporation who shall violate any provision of this Part 1B, 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.
2. 
A separate offense shall arise for each day or portion thereof in which a violation is found to exist or for each section of the Part found to have been violated.
3. 
In addition to any other remedy available under law, the Township may enforce this Part 1B by an action in equity.
4. 
All fines and penalties collected for violation of this Part 1B shall be paid to the Township Treasurer.
5. 
The initial determination of violation and the service of notice of violation are hereby delegated to the Township Manager, the Police Chief, the Building Inspector and their designees.
[Ord. 577, 9/5/2000, § 119]
1. 
It is the intention of the Township of Collier that its provisions of this Part 1B will be construed, enforced, and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of freedom of speech, free expression, due process, equal protection, or other constitutional rights.
2. 
The provisions of this Part 1B are severable and if any section, subsection, clause, sentence, or Part thereof shall be held or declared illegal, invalid, or unconstitutional by any court of competent jurisdiction, the decision shall not affect or impair any of the remaining sections, subsections, clauses, sentences, or Parts thereof, of this Part 1B; it is hereby declared to be the intent of the Board of Commissioners that this Part 1B would have been adopted if such illegal, invalid, or unconstitutional section, subsection, clause, sentence, or part thereof had not been included herein.