[HISTORY: Adopted by the Council of the Borough
of West Chester 4-16-1997 by Ord. No. 6-1997. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 112.
For the purpose of this chapter, the following
words, terms and phrases shall have the meanings indicated herein:
The Borough of West Chester.
The showing of the human male or female genitals, 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
give 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 simulates and gives the realistic appearance
of nipples and/or areola.
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.
Any individual, association, trust, partnership or corporation,
including any members, directors, officers, employees, partners or
principals thereof. Whenever used in any clause prescribing and imposing
a penalty, "person" includes the members, trustees, partners, directors,
officers, managers and supervisors, or any of them, of partnerships,
associations, corporations or other forms of entity.
A.
A person who knowingly or intentionally, in a public
place:
(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 of another
person commits public indecency, a summary offense; or.
(5)
Urinates and/or defecates.
[Added 1-16-2008 by Ord. No. 3-2008]
B.
The prohibition set forth in Subsection A(3) 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.
(3)
Any individual acting as a model in an art class,
including but not limited to art classes conducted by West Chester
University.
[Added 6-18-1997 by Ord. No. 10-1997]
C.
In addition to the specific penalties provided in
this chapter, it is hereby decided 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 any procedures set forth in the Code
of the borough.
[Amended 1-16-2008 by Ord. No. 3-2008; 10-19-2011 by Ord. No.
19-2011; 12-19-2012 by Ord. No. 29-2012]
Any person who violates any provision of this
chapter shall, upon conviction thereof in a summary proceeding before
the District Justice, be guilty of a summary offense and sentenced
to pay a fine of not less than $250 and not more than $1,000. The
defendant shall also be liable for all court costs, including reasonable
attorney fees incurred by the Borough. Upon default of payment thereof,
the defendant may be sentenced to imprisonment in the county prison
for a period of not more than 30 days. Each section or provision of
this chapter that is violated shall constitute a separate offense,
and each day or portion thereof in which a violation of this chapter
is found to exist shall constitute a separate offense, each of which
shall be punishable by a separate fine imposed by the District Justice
in the amounts specified above plus the costs of prosecution. Upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a term of not more than 30 days.
