[Ord. 7313, adopted 7-24-1997]
As used in this Ordinance, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
(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 device stimulates and gives the realistic appearance
of nipples and/or areola.
(b) PUBLIC PLACE — 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. 7313, adopted 7-24-1997]
(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;
(4)
Fondles the genitals of himself, herself or another person.
(b) A person who knowingly or intentionally promotes or maintains any
acts of public indecency as a property owner, proprietor or manager
of a business, commits public indecency, a summary offense.
(c) The prohibition set forth in Section a, Subsection 3 hereof shall
not apply to:
(1)
Any child under seven years of age; or
(2)
Any mother breast feeding her child in any location where the
mother is otherwise authorized to be.
[Ord. 7313, adopted 7-24-1997]
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 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.
[Ord. 7313, adopted 7-24-1997]
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 Ordinance.
Should a court of competent jurisdiction determine that any part of
this Ordinance, 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 this article, shall be severed
from the remainder, which shall continue in full force and effect.
[Ord. 7313, adopted 7-24-1997]
All ordinances or parts of ordinances conflicting with any of
the provisions of this Ordinance are hereby repealed insofar as the
same affect this Ordinance.
[Ord. 7313, adopted 7-24-1997]
This Ordinance shall become effective immediately and as provided
by law.
[Ord. 7313, adopted 7-24-1997]
Whoever violates any provision of this Ordinance, 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.