[HISTORY: Adopted by the Borough Council of the Borough of
Clifton Heights as indicated in article histories. Amendments noted
where applicable.]
[Adopted in 1976 by Ord.
No. 540 (Ch. 6, Part 6, of the 1988 Code of Ordinances)]
This article is enacted for the following purposes: to promote
the general welfare, peace and safety of all persons within the limits
of the Borough of Clifton Heights, prohibiting the display of nudity
to the general public or in private upon any premises within the Borough
and declaring the same to be a nuisance.
It is hereby declared that the display of nudity to the general
public or in private is prohibited as a nuisance offensive to the
general public and inimicable to the maintenance of the peace, good
government and welfare of the Borough.
A.Â
NUDITY
The following definition is applicable to § 238-2 hereof:
The showing of post-pubescent human male or female genitals,
pubic hair, buttocks, perineum, anal region or pubic hair region with
less than a full opaque covering or the showing of post-pubescent
female breasts with less than a full opaque covering of any portion
thereof at or below the areola thereof or depiction of covered male
genitals in a discernibly turgid state.
B.Â
OPERATOR
OWNER
PERSON
PREMISES
PROPERTY
The following
words hereunder or pertinent thereto shall have the meanings described
and defined as follows:
Any person having charge, care, management or control of
any premises or part thereof.
Any person who, alone or jointly or severally with others,
shall have legal title to any property or premises with or without
actual possession thereof and/or shall have charge, care or control
of said property or premises as owner, agent of owner or executor,
administrator, trustee or guardian of the estate of the owner.
An individual, firm, corporation, association or partnership.
Tract of land with or without buildings situate thereon.
Any parcel of real estate with or without improvements thereon
erected.
A.Â
Any person
who knowingly acts so as to cause or commit or any owner or operator
of any premises or property who knowingly permits or allows the nuisance
aforesaid shall be subject to prosecution therefor in a summary proceeding
before a Magisterial District Judge for such violation of and under
the within article and, if found guilty, shall be subject to the penalties
prescribed herein. Each calendar day of such offense shall subject
any person, owner, or operator to further and separate prosecution
and penalties as provided for.
B.Â
Any person,
owner or operator violating the provisions in this article or causing
or helping others to violate it shall, upon conviction thereof before
the Magisterial District Judge, be subject to pay a fine of not less
than $100 nor more than $600, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
