[Adopted 12-15-1997 by Ord. No. 1126]
As used in this article, the following terms shall have the
meanings indicated:
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 or 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.
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 § 190-1 hereof shall not apply to:
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 the Borough of Ambridge.
It is the intention of the Borough of Ambridge 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, firm or corporation who shall violate 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, upon conviction, sentenced to pay a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day such violation continues is a separate offense.
