[Ord. 75-1994 § 1, passed 9-28-1994]
(a) A person who knowingly or intentionally does any of the following
in a public place commits public indecency, a summary offense:
(1)
Engages in sexual intercourse;
(2)
Engages in deviate 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.
(b) The prohibition set forth in Subsection (a)(3) hereof shall not apply
to:
(1)
Any child under 10 years of age; or
(2)
Any individual exposing a breast in the process of breastfeeding
an infant under two years of age.
[Ord. 75-1994 § 1, passed 9-28-1994]
As used in this article, certain terms are defined as follows:
(a) NUDITY — 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 areola of the
female breast, which devices simulates and gives the realistic appearance
of nipples and/or areola.
(b) 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.
[Ord. 75-1994 § 1, passed 9-28-1994]
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 public nuisances, including,
but not limited to the procedures set forth in Article 712.
[Ord. 75-1994 § 1, passed 9-28-1994]
It is the intention of the City 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 purposes 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
article, or specific application of the article, shall be severed
from the remainder, which shall continue in full force and effect.
[Ord. 75-1994 § 1, passed 9-28-1994]
Whoever violates any provision of this article, either by commission
of a public indecency, or by the promotion or maintenance of 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 shall be imprisoned
for not more than 90 days, or both. Each day such violation continues
is a separate offense.