5506 - Civil action to enjoin or abate violations.

     § 5506.  Civil action to enjoin or abate violations.        (a)  Action authorized.--An action to enjoin or abate a     violation of this chapter may be brought in the name of the     Commonwealth of Pennsylvania by the Attorney General, the     district attorney of the county concerned or the solicitor of     the municipality in which the adult-oriented establishment is     located. The action shall be brought and tried as an action in     equity in the court of common pleas of the county in which the     adult-oriented establishment is located.        (b)  Procedure.--            (1)  If it is made to appear, by affidavits or otherwise,        to the satisfaction of the court that a violation exists, a        temporary writ of injunction shall forthwith issue, directed        to the operator of the adult entertainment establishment or        the owner of the premises, or both, restraining the operator        or owner from continuing or permitting the continuation of        any violation or violations of this chapter until the        conclusion of the hearing and a decision by the court. No        bond shall be required in instituting such proceedings. This        chapter, insofar as it provides for methods of service and        bond, shall not be deemed to be suspended or affected by the        Pennsylvania Rules of Civil Procedure governing the action in        equity.            (2)  It shall not be necessary for the court to find the        property involved was being unlawfully used at the time of        the hearing, but, on finding that the material allegations of        the petition are true, the court shall order that neither the        premises nor any part of the premises be used in violation of        this chapter. Upon judgment of the court ordering the        violations to be abated, the court may order that neither the        premises nor any part of the premises shall be occupied or        used for any purpose for up to one year following the date of        the court's order, but the court may, in its discretion,        permit the premises to be occupied or used by the operator or        owner if the operator or owner, or both, posts a bond or a        joint bond in the discretion of the court with sufficient        surety to be approved by the court in the penal and        liquidated sum of not less than $1,000 nor more than $2,500,        payable to the Commonwealth of Pennsylvania and conditioned        that neither the building nor a part of the building be used        in violation of this chapter and that the operator will pay        all fines, costs and damages that may be assessed for any        violation of this chapter upon the premises.            (3)  Service of any preliminary or permanent injunction        shall be made personally upon the operator and owner of the        premises if such persons can be found in the county. If the        operator or owner cannot be found, a copy of the order shall        be delivered to any employee of the operator on the        establishment premises or, in the case of the owner, upon an        agent, if any. If no employee or agent can be found or        service cannot be made on an employee or agent of the owner,        then service shall be made as the court may direct. Any        person other than the operator or owner who shall be served        with any notice of an injunction shall within 24 hours        thereafter deliver the notice to the operator or owner, as        the case may be, or mail it to the operator or owner by        registered mail if the address of the operator or owner, as        the case may be, is known to the person served.        Suspension by Court Order.  Subsec. (b)(1) was suspended July     31, 1997, S.Ct. Order, to the extent that section 5506(b)(1)     provides that Chapter 55, insofar as it provides for methods of     service and bond, shall not be deemed to be suspended or     affected by the Pennsylvania Rules of Civil Procedure governing     the action in equity.