[Adopted 10-7-1996 by Ord. No. O-96-5,
approved 10-7-1996]
A person who knowingly or intentionally, in a public place, A. engages
in sexual intercourse; B. engages in deviate sexual intercourse as defined
by the Pennsylvania Crimes Code; C. appears in a state of nudity; or D. 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 genital, 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 § 62-1C 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 decided 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
pubic nuisances, including but not limited to the procedures set forth in
the Codified Ordinances.
It is the intention of the Borough of Marcus Hook that the provisions
of this article be construed, enforced and interpreted in such a manner as
will cause the least possible infringement of the constitutional rights of
free speech, free expression, due process, equal protection or other fundamental
rights consistent with the purposes of this article. Should a court of competent
jurisdiction determine that any part of this article, or any application or
enforcement of it, is excessively restrictive of such rights or liberties,
then such portion of the article, or specific application of the article,
shall be severed from the remainder, which shall continue in full force and
effect.
Any person violating the provisions of this article either by commission
of a public indecency or by the promotion or maintenance of a public indecency
shall, upon conviction thereof, be punishable for each offense by a fine of
up to the maximum amount provided from time to time by state statute.
[Adopted 10-7-1996 by Ord. No. O-96-6,
approved 10-7-1996]
Pursuant to the authority granted in the Borough Code to prohibit nuisances;
to promote the health, cleanliness, comfort and safety of the citizens of
the Borough of Marcus Hook and the authority of political subdivisions of
the Commonwealth of Pennsylvania to enact local ordinances to regulate, inter
alia, the sale, distribution, display and exhibition of and activities concerning
obscene and other sexual material as provided for in 18 Pa.C.S.A. § 5903(k)
and as upheld by the United States District Court for the Eastern District
of Pennsylvania, in Brown v. Pornography Commission of Lower Southampton
Township, 620 F. Supp 1199 (1985), the Borough of Marcus Hook enacts the following
article.
Nothing in this article shall apply to any recognized historical society
or museum accorded charitable status by the federal government, any county,
city, borough, township or town library, any public library, any library of
any school, college or university or any archive or library under the supervision
and control of the Commonwealth or a political subdivision.
Any person violating the provisions of this article shall, upon conviction
thereof, be punishable for each offense by a fine of up to the maximum amount
provided from time to time by state statute.