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;
C. Appears
in a state of nudity; or
D. Fondles
the genitals of himself, herself or another person.
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.
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.
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.
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.
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.