[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;
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.