[Ord. No. 86-1, 4/8/1986, § 1]
As used in this Part, the following terms shall have the meaning
indicated:
A drug, substance or immediate precursor as defined in Schedules
1 through 5 of the Pennsylvania Controlled Substance, Drug, Device
and Cosmetic Act, 35 P.S. § 780-104, or any amendments thereto.
Any objects, devices, instruments, apparatus or contrivances
whose primary and traditionally exclusive use is involved with the
illegal use of any and all controlled substances under the laws of
Pennsylvania.
Any business, the operation of which involves the sale, lease,
trade, gift or display for sale of any and all types of drug paraphernalia.
A substance which under the regulations of the Pennsylvania
Department of Health is a principal compound commonly used, or produced
primarily for use, and which is an immediate chemical intermediary
used, or likely to be used, in the manufacture of a controlled substance.
Having knowledge of the contents and character of the patently
offensive sexual conduct or demonstration which appears in the film
or publication or having knowledge of the acts of lewdness, assignation
or prostitution which occur on the premises.
Any matter which the average person, applying contemporary
community standards, would find, when considered as a whole, appeals
to the prurient interest and which describes patently offensive representations
or descriptions of specified anatomical areas (as defined below) or
specified sexual activities (as defined below) or other ultimate sexual
acts, normal or perverted, actual or simulated, or 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, educational or scientific value.
Any method of treating certain enumerated areas of the superficial
soft parts of the human body for remedial or other purposes, consisting
of rubbing, stroking, kneading or any similar treatment accomplished
by hand or by the use of any instrument. This definition specifically
excepts such treatment upon the signed order of a licensed physician,
osteopath, chiropractor, or registered physical therapist, which order
shall be dated and shall specifically state the number of treatments,
not to exceed 10. The date and hour of each treatment given and the
name of the operator shall be entered on such order by the establishment
where such treatments are given and shall be given to inspection by
police. The requirements of this provision shall not apply to treatments
given in the residence of a patient, the office of a licensed physician,
osteopath, or registered physical therapist, chiropractor, or in a
regularly established and licensed hospital or sanitarium. As defined
in this Part, certain enumerated areas of the human body include physical
contact with, or massage of, the sexual or genital parts of one person
by any other person. Sexual or genital parts shall include the genitals,
pubic area, buttocks, anus, or perineum of any person, or the vulva
or breasts of a female.
Any building or structure or portion thereof located within
Forward Township which is open to members of the general public, with
or without the payment of a fee, at which the above massage services
are offered.
A motion-picture film or a publication, or both.
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 of being sketched, painted, drawn, sculptured,
photographed or otherwise similarly depicted for persons who pay a
fee or other consideration, compensation or 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; or
Any premises where there is conducted the business of furnishing
or providing or procuring, for a fee or other consideration, 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.
Exception. The term "model studio" does not include:
Any studio which is operated by any state university or 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.
Any premises where there is conducted the business of furnishing,
providing or procuring figure models solely for any studio described
in Subsection 3A of this definition.
Any studio operated by a tax-exempt, nonprofit corporation devoted
to the development of art and its appreciation.
Includes any film or plate negative; film or plate positive;
film designed to be projected on a screen or other surface for exhibition;
films, glass slides or transparencies, either in negative or positive
form, designed for exhibitions by projection on a screen or other
surface; and videotape or any other medium used to electronically
reproduce images on a screen or other surface.
Any individual, partnership, firm, association, corporation
or other legal entity.
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.
Includes any book, magazine, article, pamphlet, writing,
printing, illustration, picture, sound recording or motion-picture
film which is displayed in an area open to the public or is offered
for sale or exhibited in a coin-operated machine.
A passing of title or right of possession from a seller to
a buyer for valuable consideration and includes but it 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.
Less than completely and opaquely covered human genitals,
pubic region, buttock or female breast below a point immediately above
the top of the areola; or human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse, or sodomy; and/or
fondling or other erotic touching of human genitals, public region,
buttock or female breast.
A use which is primary and inherent, as opposed to secondary
and incidental, and is associated with certain knowledge or beliefs
derived from statements of contemporary persons and handed down through
a considerable period of time.
[Ord. No. 86-1, 4/8/1986, § 2]
1.
Any and every place in Forward Township where lewd films are publicly
exhibited or possessed for the purpose of such exhibition, and any
and every place in the Township of Forward where a lewd film is repeatedly
publicly exhibited or possessed for the purpose of such exhibitions
or where lewd films are publicly disseminated or sold, or possessed
for such dissemination, 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 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 and order of summary abatement provided for in § 13-107 hereof, all monies paid thereafter as an 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. No. 86-1, 4/8/1986, § 3]
1.
Any and every place in Forward Township 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 acting manager or person then in charge of such place, of a true and correct copy of this Part and an order of summary abatement provided for in § 13-107 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. No. 86-1, 4/8/1986, § 4]
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, assignation or prostitution are held or occur is a public
nuisance which shall be enjoined, abated or 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 an order of summary abatement provided for in § 13-107 hereof, all monies or other valuable consideration paid for services rendered are also declared to be a public nuisance as personal property used in conducting and maintaining a declared nuisance.
[Ord. No. 86-1, 4/8/1986, § 5]
1.
Any and every place in Forward Township in which drug paraphernalia
constitutes a part of the stock-in-trade is a public nuisance.
2.
Any and every item of drug paraphernalia 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 and an order of summary abatement provided for in § 13-107 hereof, all valuable consideration received for the sale of such drug paraphernalia is also declared to be a public nuisance as personal property used in conducting and maintaining a declared public nuisance.
[Ord. No. 86-1, 4/8/1986, § 6]
1.
Upon and after receiving notice through service of a true and correct copy of this Part and an order of summary abatement provided for in § 13-107 hereof, any and every person who shall own, legally or equitably, lease, maintain, manage, conduct or operate a place in Forward Township which is declared to be a public nuisance, as set forth and stated in §§ 13-102 through 13-105 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.
[Ord. No. 86-1, 4/8/1986, § 7]
1.
Upon a specific finding that a public nuisance, as defined in §§ 13-102 through 13-105 of this Part, exists in Forward Township, the Board of Supervisors, in applying the provisions of this Part to such nuisance, shall:
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 Supervisors
in arriving at its factual determination.
(1)
In the case of a motion-picture film or films, such facts shall
include a recitation of the particular sexual conduct and acts which
the Board of Supervisors finds are patently offensive; the basis for
the finding by the Board of Supervisors that such film or films are
displayed, sold or held for sale at any place found by the Board of
Supervisors to be a public nuisance; and the basis of the finding
by the Board of Supervisors that such film or films constitute a part
of the stock-in-trade of such place of business or other place.
(2)
In the case of a publication or publications, such facts shall
include a recitation of the particular publications or types of publications
considered by the Board of Supervisors and those which the Board of
Supervisors finds to be patently offensive; the basis for the finding
by the Board of Supervisors that such publications are displayed,
sold or held for sale at any place found by the Board of Supervisors
to be a public nuisance; and the basis of the finding by the Board
of Supervisors 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 facts
shall include a recitation of the particular acts of lewdness, assignation
or prostitution which have occurred and the basis for the finding
by the Board of Supervisors that such acts occurred in the course
of business.
(4)
In the case of drug paraphernalia, such facts shall include
a recitation of the particular drug paraphernalia or types of drug
paraphernalia considered by the Board of Supervisors and those which
the Board of Supervisors finds to be patently offensive and the basis
for the finding by the Board of Supervisors that such drug paraphernalia
constitute a part of the stock-in-trade of such place of business
or other place.
D.
Order all persons described in Subsection 1 of § 13-106 hereof to summarily abate such public nuisance within 24 hours of service of such order on any such subject matter or to cease to use the place where the nuisance is declared to exist or to terminate the use of said premises for the purposes of lewdness, assignation or prostitution or to cause the same to be terminated.
E.
Request the Solicitor to proceed to 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.
(2)
In the event that the order of Forward Township has not been complied with within 24 hours, the Board of Supervisors has requested the Solicitor, as provided for under § 13-109 hereof, to commence necessary legal proceedings naming such persons as defendants in a civil action to abate the same judicially under § 13-107 of this Part and, under Subsections 1 and 2 of § 13-106 of this Part, the costs of abatement of such civil abatement action filed, including investigative costs, court costs, attorneys' 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 a separate legal procedure and will 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 or drug paraphernalia
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, any and all monies paid as an admission price to
or for the exhibition of such lewd motion-picture films and valuable
consideration received for the sale of such lewd publications and
drug paraphernalia 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 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.
[Ord. No. 86-1, 4/8/1986, § 8]
1.
Upon judgment for Forward Township 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 §§ 13-102 through 13-105. Such monies or their equivalent, and any valuable consideration received, shall be forfeited to the general fund of Forward Township as property of Forward Township if any valuable consideration received is not money.
2.
The cost of abatement shall include the following:
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 municipal 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 municipal taxes. All laws
applicable to the levy, collection and enforcement of municipal taxes
shall be applicable to such special assessment.
[Ord. No. 86-1, 4/8/1986, § 9]
Upon a specific finding by the Board of Supervisors of the fact
that a public nuisance exists at a particular location, the Solicitor,
with the approval of the Board of Supervisors, is authorized to take
whatever action is appropriate.
