City of Lebanon, PA Article 761 Public Indecency

§ 761.01 Public indecency.

[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.