[Ord. No. 042600, 4/26/2000, § 1(1-5)]
1. 
A person who, knowingly or intentionally, in a public place:
A. 
Engages in sexual intercourse;
B. 
Engages in deviate sexual intercourse as defined by the Pennsylvania Crimes Code;[1]
[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
C. 
Appears in a state of nudity;
D. 
Fondles the genitals of himself, herself or another person, or commits public indecency, a summary offence.
2. 
"Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, the showing of 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 region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and give the realistic appearance of nipples and/or areola.
3. 
"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.
4. 
The prohibition set forth in § 6-601, Subsection 1C, shall not apply to:
A. 
Any child under 10 years of age.
B. 
Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
5. 
In addition to the specific penalties provided in this Part, 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 this Part.
[Ord. No. 042600, § 1(6)]
It is the intention of the Borough of Wesleyville that the provisions of this Part 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 Part. Should a court of competent jurisdiction determine that any part of this Part, or any application or enforcement of it, is excessively restrictive of such rights or liberties, then such portion of the Part, or specific application of the Part, shall be severed from the remainder, which shall continue in full force and effect.
[Ord. No. 042600, 4/26/2000, § 1(7); as amended by Ord. No. 10112006, 10/11/2006]
Any person who shall violate or fail to comply with any provision of this Part shall, severally for each and every such violation or noncompliance, be guilty of a summary offense, punishable by a fine of not less than $25 or more than $1,000, and costs, or, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. The imposition of a penalty for any violation or noncompliance shall not excuse the violation or noncompliance or permit it to continue. Each day that the violation or noncompliance exists shall constitute a separate offense.