Township of Girard, PA
Erie County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Girard as indicated in article histories. Amendments noted where applicable.]
Public assemblies — See Ch. 75.
Nuisances — See Ch. 133.
Parks and recreation areas — See Ch. 139.
[Adopted 1-14-1997 by Ord. No. 88]
A person violates this article who knowingly or intentionally in a public place:
Engages in sexual intercourse;
Engages in deviate sexual intercourse as defined by the Pennsylvania Crimes Code;[1]
Editor's Note: See 18 Pa.C.S.A. § 101 et seq.
Appears in a state of nudity; or
Fondles the genitals of himself, herself or another person.
As used in this article, the following terms shall have the meanings indicated:
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 simulates and gives the realistic appearance of nipples and/or areola.
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.
The prohibition set forth in § 143-1C shall not apply to:
Any child under 10 years of age; or
Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
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 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 the Second Class Township Code, as amended, 53 P.S. § 66529.
It is the intention of the Township of Girard 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 article. Should a court of competent jurisdiction determine that any part of this article, or any application or enforcement of it, is excessively restrictive of such rights or liberties, then such portion of this article, or specific application of this article, shall be severed from the remainder, which shall continue in full force and effect.
Whoever violates this article, either by commission of an ordinance violation or by the promotion or maintenance of an ordinance violation as property owner, proprietor or manager of a business, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).