(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.)