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(a) Upon and after receiving notice, through service of a true and correct copy of this chapter and a true and correct copy of the summons and complaint to abate a nuisance or through notice by the Solicitor, of the character of the obscene film, production, publication or place, any person who owns, legally or equitably, leases, maintains, manages, conducts or operates a place in the Borough which is declared to be a public nuisance, as set forth in Section 678.03, shall be deemed to be a person who has knowledge of such nuisance for the purpose of this section, and may, thereafter, be responsible for its maintenance and be liable therefor.
(b) The places and matters declared to be public nuisances under Section 678.03 shall be abated as provided in this chapter.
(Ord. 2062. Passed 3-19-90.)
(a) The Solicitor or any citizen of the Commonwealth resident within the Borough may maintain an action of equitable nature, in the name of the Borough, upon the relation of the Solicitor or citizen to abate a nuisance.
(b) No bond shall be required of the Solicitor. If such action is instituted by a private citizen, a bond shall be required in the amount of not less than five hundred dollars ($500.00), to secure to the defendants the proximate damages which may be sustained, including attorney's fees, if any court finds that there were no reasonable grounds for said action.
(c) The Solicitor shall have the right to present arguments and authorities on behalf of either party.
(Ord. 2062. Passed 3-19-90.)
(a) If the existence of a nuisance is established in a trial, a judgment shall be entered which shall permanently enjoin the defendants, and any other person with notice or knowledge of the action and judgment, from maintaining the nuisance at said place and the defendants from maintaining such nuisance elsewhere, and the entire expenses of such abatement action shall be recovered by the plaintiff as part of his or her costs.
(b) The cost of abatement shall include the following:
(1) Investigative costs;
(2) Court costs;
(3) Reasonable attorney's fees arising out of the preparation for and trail of the case and appeals therefrom, and other costs allowed on appeal; and
(4) Printing costs of trail and all appellate briefs, and all other parts filed in such proceeding.
(c) The cost of abatement may be made a special assessment against the place or the parcel of land upon which such place is located. Upon its determination in a civil action, such cost shall, by separate legal proceeding, be made a lien against such property and a personal obligation against any person, shall be collected at the same time and in the same manner a ordinary Borough 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 Borough taxes. All laws applicable to the levy, collection and enforcement of Borough taxes shall be applicable to such special assessment.
(d) Upon judgment for the plaintiff in legal proceedings brought pursuant to this chapter, an accounting shall be made, by such defendant or defendants, of all monies or other valuable consideration received by him or her or them which have been declared to be a public nuisance under Section 678.03. Such monies or their equivalent and any other valuable consideration received shall be forfeited to the General Fund of the Borough or to the Borough as property of the Borough, if any valuable consideration received be not money.
(Ord. 2062. Passed 3-19-90.)
(a) Money damages may be recovered:
(1) For compensation for loss or harm suffered, in person or property, by the Borough or any private citizen, flowing from such nuisance; and
(2) As exemplary or punitive damages, for the sake of example or to punish the offender, where it is shown that the offender has been guilty of malice. As used in this paragraph, "malice" means an intent to maintain, permit or allow a nuisance to exist.
(b) Preliminary and permanent injunctions may be issued to prevent the further sale of obscene motion picture films, live theater productions and publications. The procedures for obtaining such injunctions shall be governed by the rules of civil procedure, preserving the right of trial by jury, upon the application for permanent injunction.
(c) Upon the application for preliminary injunction, the court shall set the matter for a hearing no earlier than two days and not later than five days from the date of service of the summons and complaint.
(d) Upon the trial on the merits of the permanent injunction, if the court finds a place to be a nuisance, it may issue an order closing the place to all uses and purposes for a period of one year. If the person or persons owning or in control or in charge of such place certify that the nuisance has been abated and that the films, productions or publications found to be obscene shall not be exhibited, sold or otherwise disseminated, and, at the discretion of the court, post a bond in an amount not to exceed the value of the personal property possessed or contained at such place for the maintenance of the nuisance, the court may release such person or persons from the closure order. The release shall remain in effect for one year or until the nuisance is found to exist at the place before the expiration of one year. The bond shall be deposited with the court prior to the release of any closure order and shall be returned to the person posting said bond, without interest, at the expiration of one year, provided that the nuisance is not maintained or re-established within that year.
(Ord. 2062. Passed 3-19-90.)
(EDITOR'S NOTE: See Section 202.99 of the Administration Code for general Code penalty if no specific penalty is provided.)