[Ord. No. 1370, § 1, 12-10-2001]
The following definitions shall apply in the interpretation
and enforcement of this article:
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 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 aureola of the
female breasts, which device simulates and gives the realistic appearance
of nipples and/or aureola.
Knowingly or intentionally, in a public place, engaging in
sexual intercourse, engaging in deviate sexual intercourse as defined
by the Pennsylvania Crimes Code, appearing in a state of nudity or
fondling the genitals of himself, herself or another person.
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.
[Ord. No. 1370, § 1, 12-10-2001]
It shall be unlawful for any person or entity to engage in public
indecency within the Township.
[Ord. No. 1370, § 1, 12-10-2001]
A person or entity who commits public indecency as defined herein is guilty of a summary offense. Whenever any person or entity has been notified by any of the duly authorized and constituted representatives of the Township of the violation of any provision of this article, or by service of summons or prosecution, or in any other way that a violation has been committed, each day a violation shall constitute a separate offense punishable as provided in Section 1-9(a) of this Code. The prohibitions set forth in this article shall not include any child under 10 years of age, or any individual exposing a breast in the process of breast feeding an infant under two years of age.
[Ord. No. 1370, § 1, 12-10-2001]
In addition to the specified penalties provided in this Ordinance,
it is hereby declared that any building, portion of a building, enclosed
place, or premises inside or outside regularly used for the prohibited
display of public nudity is a public nuisance, the nature of which
constitutes an actual or potential threat to the public health, safety
and welfare, and shall be abated immediately.
[Ord. No. 1370, § 1, 12-10-2001]
Should the person or persons responsible for a public nuisance
as described herein fail, neglect or refuse to abate such condition
to the satisfaction of authorized representatives of the Township,
or if Township representative shall determine that the nature of the
use is of such nature as to constitute an immediate threat to the
public health, safety and welfare, the Township may act to abate the
public nuisance, and the cost of abatement shall be paid by the person
or persons responsible for conduct of the public nuisance.
[Ord. No. 1370, § 1, 12-10-2001]
It is the intention of the Township of Plymouth that the provisions
of this ordinance 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 ordinance.
Should a court of competent jurisdiction determine that any part of
this ordinance, or any application or enforcement of it is excessively
restrictive of such rights or liberties, then such proportion of the
ordinance, or specific application of the ordinance, shall be severed
from the remainder, which shall continue in full force and effect.
