[Ord. 51-2002, 03 § 1, passed 2-24-2003]
(a) A person who knowingly or intentionally, in a public place:
(1)
Engages in sexual intercourse;
(2)
Engages in deviant sexual intercourse as defined by the Pennsylvania
Crimes Code;
(3)
Appears in a state of nudity; or
(4)
Fondles the genitals of himself, herself, or another person
commits public indecency, a summary offense.
(b) "Nudity" means 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.
(c) "Public Place" includes all outdoor places owned by or open to the
general public, and all building 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.
(d) The prohibition set forth in subsection 1(c) shall not apply to:
(1)
Any child under 10 years of age; or
(2)
Any individual exposing a breast in the process of breast feeding
an infant under two years of age.
(e) 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 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 a public nuisance, including, but
not limited to the procedure set forth in any part of the Codified
Ordinances of the City of Lebanon.
(f) Construction and severability. It is the intention of the City of
Lebanon 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 purpose of this article. Should a court of competent jurisdiction
determine that any part of this article, or any application or enforcement
of it is excessively restrictive of such rights or liberties, then
such portion of the Ordinance, or a specific application of the Ordinance,
shall be severed from the remainder, which shall continue in full
force and effect.
(g) Penalty. Whoever violates this article, either by commission of a
public indecency or by the promotion or maintenance of public indecency
as a 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, would be imprisoned for not
more than 90 days, or both. Each day such violation continues is a
separate offense.