Town/Village of Harrison, NY Chapter 191 Public Decency

[HISTORY: Adopted by the Town Board of the Town of Harrison 7-12-2000 by L.L. No. 3-2000. Amendments noted where applicable.]

GENERAL REFERENCES

Cabarets — See Ch. 115.

§ 191-1 Purpose.

A. The purpose of this chapter is to promote the health safety, morals and the general welfare of this community, including the protection and preservation of the property of this town and of its inhabitants and also of its peace and good order, by limiting nudity within the town, which activity adversely impacts and threatens to impact on the public health, safety and welfare by providing an atmosphere conducive to violence, sexual harassment, public intoxication, prostitution and the spread of sexually transmitted diseases and other deleterious effects. The certain activities specified in this chapter, carried on in public places, are highly detrimental to the public health, safety and welfare. They lead to the debasement of men and women, promote violence.

B. To accomplish those purposes, this chapter regulates conduct alone. The Town Board is aware of the ill effects such conduct has had on other Westchester communities, including Port Chester, and other cities throughout the country, including Erie, Pennsylvania, and in the cases, Barnes v. Glen Theatre, Inc., 501 U.S. 560, Renton v. Playtime Theatres, Inc., 475 U.S. 41 and Young v. American Mini Theatres, Inc., 427 U.S. 50. The Town Board considers the avoidance of the effect of the conduct prohibited by this chapter to be important to the Town and its citizens.

§ 191-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DEVIATE SEXUAL INTERCOURSE

Sexual conduct between persons not married to each other consisting of contact between the penis and the anus, the mouth and penis or the mouth and the vulva.

NUDITY

The showing of the human male or female genitalia, pubic hair 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 that 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 simulates and gives the realistic appearance of nipples and/or areola.

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.

SEXUAL INTERCOURSE

Has its ordinary meaning and occurs upon any penetration, however slight.

§ 191-3 Nudity.

A. No person shall knowingly or intentionally, in a public place:

(1) Engage in sexual intercourse;

(2) Engage in deviate sexual intercourse;

(3) Appear in a state of nudity; or

(4) Fondle the genitals of himself, herself or another person.

B. The prohibition set forth in § 191-3A(3) shall not apply to:

(1) Any child under 10 years of age; or

(2) Any individual exposing a breast in the process of breastfeeding an infant under two years of age.

§ 191-4 (Reserved)

§ 191-5 (Reserved)

§ 191-6 (Reserved)

§ 191-7 (Reserved)

§ 191-8 (Reserved)

§ 191-9 Penalties for offenses.

Any person violating any provision of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be subject to a fine not to exceed $250 for a first offense and not to exceed $1,000 for a second or subsequent offense or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment.