Township of Leet, PA
Allegheny County
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Table of Contents
Table of Contents

§ 6-101 Purpose, Policy, Authority, Exclusion.

[Ord. 181, 6/9/1980, § 1]
The Board of Commissioners finds 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 interferes 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 Leet, and of the residents, citizens, inhabitants and businesses thereof. The Board of Commissioners hereby declares such activities to be a public nuisance, and herein establishes procedures for the abatement thereof. This Part shall apply to existing establishments which are presently engaged in the type of activity herein declared to be a public nuisance.

§ 6-102 Definitions.

[Ord. 181, 6/9/1980, § 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 of 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 description of:
(1) 
Ultimate sexual acts, normal or perverted, actual or simulated.
(2) 
Masturbation, excretory functions or exhibition of the genitals.
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 rubbing, stroking, kneading or any similar treatment accomplished by hand or by the use of any instrument.
MASSAGE PARLOR
Any building or structure or portion thereof, located within the 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 models who pose in the nude for the purpose of being observed or viewed by any person or of 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. 
Exceptions. The words "model studio" do not include:
(1) 
Any studio which is operated by any state college or junior college, public school, or any government 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 A of this definition.
(3) 
Any studio operated by a tax exempt, non-profit 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 or 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.

§ 6-103 Lewd Films and Theaters Exhibiting the Same Declared a Public Nuisance; Abatement Thereof.

[Ord. 181, 6/9/1980, § 3]
1. 
Any and every place in the Township of Leet where lewd films are publicly exhibited or possessed for the purpose of such exhibitions; and any and every place in the Township of Leet 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 purpose at a place which is a public nuisance under Subsection 1 above, is a public nuisance.
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 and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 of this Part, 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.

§ 6-104 Place of Business in Which Lewd Publications Constitute a Principal Part of the Stock in Trade, Lewd Publications Possessed Therein, and Valuable Consideration Received for Sales Thereof, Declared Public Nuisance; Abatement Thereof.

[Ord. 181, 6/9/1980, § 4]
1. 
Any and every place in the Township of Leet 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, above, is a public nuisance per se.
3. 
From and after service on the place, or its manager, or person then in charge of such place, of a true and correct copy of this Part and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 of this Part, 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.

§ 6-105 Massage Parlors or Model Studios Used for Purposes of Lewdness, Assignations or Prostitution, or Upon Which Such Acts Occur, Declared a Public Nuisance; Abatement Thereof.

[Ord. 181, 6/9/1980, § 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 which acts of lewdness, assignations, or prostitution are held or occur or every massage parlor where any employee operates or performs any service in the nude 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 and a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 of this Part, 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.

§ 6-106 Knowledge of Nuisance Presumed From Notice of Order of Abatement; Responsibility of Parties Therefor; Abatement of Such Nuisances.

[Ord. 181, 6/9/1980, § 6]
1. 
Upon and after receiving notice through service of a true and correct copy of this Part and of a true and correct copy of the resolution and order of summary abatement provided for in § 6-107 of this Part, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in the Township of Leet which is declared to be a public nuisance as set forth and stated in §§ 6-103 — 6-105 of this Part, is deemed to be a person who has knowledge of such nuisance for the purpose of this Part, 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 — 6-105 shall be abated as provided for herein.

§ 6-107 Action to Be Taken by Board of Commissioners.

[Ord. 181, 6/9/1980, § 7]
1. 
Upon a specific finding that a public nuisance, as defined in §§ 6-103 — 6-105 of this Part, exists in the Township of Leet, the Board of Commissioners, in applying the provisions of this Part 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 finds 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 or types of publications considered by the Board of Commissioners, and those which the Board of Commissioner 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 persons described in § 6-106, Subsection 1, of this Part 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 Township Secretary and the Board of Commissioners of compliance therewith by sworn affidavit as ordered by the action of the Board of Commissioners in such resolution.
E. 
Order the Township Solicitor to proceed as directed in § 6-109 of this Part 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, Subsection 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, Subsection 1, of this Part, they are deemed to have knowledge thereof and are responsible therefor.
(2) 
In the event the order of the Township is not complied with within 24 hours, the Board of Commissioners has ordered the Township Solicitor, as provided for under § 6-109 of this Part, 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, and that under § 6-108, Subsections 1 and 2, of this Part, 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, by 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.
(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 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 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.

§ 6-108 Forfeiture to the General Fund of the Township, Costs of Abatement, Manner of Collection.

[Ord. 181, 6/9/1980, § 8]
1. 
Upon judgment for the Township of Leet in legal proceedings brought pursuant to this Part, 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, Subsection 3, 6-104, Subsection 3, or 6-105, Subsection 2, of this Part. Such monies or their equivalent and any valuable considerations received shall be forfeited to the General Fund of the Township of Leet or to the Township of Leet as property of the Township of Leet if any valuable consideration received be not money.
2. 
The cost of abatement shall include the following:
A. 
Investigation 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.
3. 
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 and in the same manner as ordinary Township 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 Township taxes. All laws applicable to the levy, collection and enforcement of Township taxes shall be applicable to such special assessment.

§ 6-109 Action to Be Taken by Township Solicitor.

[Ord. 181, 6/9/1980, § 9]
1. 
Upon a specific finding by resolution of the Board of Commissioners of the fact that a public nuisance exists at a particular location, the Township 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 and such resolution.
(3) 
A declaratory judgment that each place named by the Board of Commissioners is a public nuisance under this Part 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 considerations 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.
(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 Leet or as the property belonging to the Township of Leet.
(6) 
An injunction enjoining and restraining all persons responsible for maintaining said nuisance from possession 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 Leet and such other injunctive relief as the Court may order.
(7) 
An order that all positive prints of the named lewd films and all lewd publications or copies or reproductions thereof be forfeited as contraband under this Part.
(8) 
Judgment for the Township of Leet for all costs therein expended, including investigative costs, court costs, reasonable attorney's fees, and such other expenses as are provided for herein.
(9) 
All other relief as the Court may deem proper.