(a) Upon investigation by any Town officer or employee designated by the Town Council or upon receipt of information from any other person as to possible violations of this Division, the Town Council shall refer the matter to the Town Attorney, who shall investigate and report back to the Council as to whether it is his opinion that a violation of this article has occurred. Upon receipt of this report, the Town Council shall make any independent investigation it deems necessary and appropriate.
(b) Upon determination that a public nuisance, as defined herein, exists in the Town, the Town Council, in applying the provisions of this ordinance to such nuisance, shall provide for the following by resolution:
(1) Declare the fact that such a nuisance exists.
(2) Set forth the description or legal description of the street address of the place which constitutes the nuisance.
(3) Set forth a statement of facts upon which the Town Council declaration of nuisance is based.
(4) Order all persons described in Section 6-68 of this Code to voluntarily abate such nuisance immediately, by terminating the exhibition, sale or possession for sale of such lewd subject matter or by terminating the use of said premises for lewdness. A certified copy of said ordinance shall be served upon the person or persons who own, legally or equitable, lease, maintain, conduct and/or operate what has been determined by the Town Council to be a nuisance. Should the person or persons who own, legally or equitable, lease, maintain, conduct and/or operate what has been determined by the Town Council to be a nuisance fail to immediately abate such nuisance voluntarily, the Town attorney shall forthwith commence a civil action seeking the following relief:
a. A declaratory judgment that the matter found to be lewd is or are public nuisances per se under this article and such ordinance.
b. A declaratory judgment that the matter named by the Town Council is lewd as defined herein.
c. A declaratory judgment that each place named by the Town Council is a public nuisance under this article and such ordinance.
d. 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 lewd publications from and after the time the persons maintaining said nuisance received a copy of the ordinance of the Town Council that the public nuisance exists, and a judgment that such monies or valuable consideration are a public nuisance under this article.
e. 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 Town or as property belonging to the Town.
f. 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 and for sale said lewd publications at any time in the future in the Town, and such other injunctive relief as the Court may order.
g. 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 article.
h. Judgment for the Town for all costs therein expended, including investigative costs, Court costs, reasonable attorney's fees, and such other expenses as are provided for herein.
i. All other relief as the Court may deem proper including, but not limited to, a fine in the sum not to exceed $2,500.00 for each day that any person shall violate any of the provisions of this Division shall be deemed to commit a separate offense.
(Ord. No. 92-9, § 5 [F], 3-10-92)