[HISTORY: Adopted by the Council of the Borough of West Chester 4-16-1997 by Ord. No. 6-1997. Amendments noted where applicable.]
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.
- 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.
- 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 person who knowingly or intentionally, in a public place:
Engages in sexual intercourse;
Engages in deviate sexual intercourse as defined by the Pennsylvania Crimes Code;
Appears in a state of nudity;
Fondles the genitals of himself, herself or of another person commits public indecency, a summary offense; or.
Urinates and/or defecates.
[Added 1-16-2008 by Ord. No. 3-2008]
The prohibition set forth in Subsection A(3) shall not apply to:
Any child under 10 years of age; or
Any individual exposing a breast in the process of breast feeding an infant under two years of age.
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]
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.