Township of Bridgewater, PA Chapter 219 Obscenity and Public Indecency

[HISTORY: Adopted by the Board of Supervisors of the Township of Bridgewater 2-19-2001 by Ord. No. 2-01-B. Amendments noted where applicable.]

GENERAL REFERENCES

Adult entertainment — See Ch. 98.

§ 219-1 Prohibited acts. [1]

A person who knowingly or intentionally, in a public place, does any of the following commits public indecency, a summary offense:

A. Engages in sexual intercourse;

B. Engages in deviate sexual intercourse as defined by the Pennsylvania Crimes Code[2];

[2] Editor's Note: See 18 Pa.C.S.A. § 101 et seq.

C. Appears in a state of nudity; or

D. Fondles the genitals of himself, herself or another person.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 219-2 Definitions.

As used in this chapter, 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.

§ 219-3 Exceptions.

The prohibition set forth in § 219-1C 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.

§ 219-4 Public nuisances.

In addition to the specific penalties provided in this chapter, 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.

§ 219-5 Construal of provisions; severability.

It is the intention of the Township of Bridgewater that the provisions of this chapter 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 purpose of this chapter. Should a court of competent jurisdiction determine that any part of this chapter or any application or enforcement of it is excessively restrictive of such rights or liberties, then such portion of the chapter, or specific application of the chapter, shall be severed from the remainder, which shall continue in full force and effect.

§ 219-6 Violations and penalties.

Whoever violates this chapter, either by commission of a 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 of 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.