[HISTORY: Adopted by the Board of Supervisors of Fairview
Township as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-21-1998 by Ord. No. 98-23]
No person may commit an act of public indecency in Fairview
Township or promote or maintain acts of public indecency as a property
owner, proprietor, or manager of a business. An act of public indecency
occurs when a person knowingly or intentionally, in a public place:
As used in this article, the following terms have the following
definitions:
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 devices, 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 § 259-1 shall not apply to:
A.
Violation of this article, either by commission of public indecency,
or by the promotion or maintenance of public indecency as a property
owner, proprietor, or manager of a business, shall result in imposition
of a civil fine of not more than $600 for each violation. Each day
a violation continues shall be a separate violation of this article.
The Code Enforcement Officer of the Township shall enforce this article
and shall notify violators by U.S. mail or hand delivery that a civil
fine has been imposed, and shall take the necessary steps to bring
a civil enforcement proceeding before a Magisterial District Judge
if the fine is not paid within 20 days after notice has been given.
The notice to be given under this section may make reference to more
than one violation by the person, and may state that where the violation
of the article is ongoing, additional civil fines will be added for
additional violations.
[Amended 11-7-2012 by Ord. No. 2012-4]
B.
In any case where a penalty for a violation of this article has not
been timely paid and the person upon whom the penalty was imposed
is found to have been liable therefor in civil proceedings, the violator
shall be liable for the penalty imposed, including additional daily
penalties for continuing violations, plus court costs and reasonable
attorney fees incurred by the Township in the enforcement proceedings.
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 acts of public indecency 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 and prosecution of public nuisances.
It is the intention of Fairview Township 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 unenforceable
because 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.
