[Adopted 3-11-1998 by Ord. No. 507]
A person who knowingly or intentionally, in a public place, engages in sexual intercourse; engages in deviate sexual intercourse as defined by the Pennsylvania Crimes Code; appears in a state of nudity; fondles the genitals of himself, herself or another person; commits public indecency, a summary offense.
As used in this article, the following terms shall have the meanings indicated:
NUDITY
The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
PUBLIC PLACE
Includes all outdoor places owned by or open to the general public and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
The prohibition set forth in § 140-13 hereof shall not apply to:
A. 
Any child under 10 years of age; or
B. 
Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
In addition to the specific penalties provided in this article, it is hereby declared that any building, portion of a building or enclosed place regularly used for the prohibited display of public nudity is a public nuisance, subjecting the owner, proprietor or other operator thereof to any and all actions authorized by the Commonwealth of Pennsylvania for the abatement of public nuisances, including but not limited to the procedures set forth in the Borough Code and the Code of Ordinances of the Borough of Freedom.
Whoever violates this article, either by commission of a public indecency or by the promotion or maintenance of public indecency as property owner, proprietor or manager of a business, shall be guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine or not more than $1,000 or be imprisoned for not more than 90 days, or both. Each day such violation continues is a separate offense.