(A) It shall be a violation of this chapter for a person to knowingly and intentionally, in a public place:
(1) Engage in sexual intercourse or engage in deviate sexual intercourse as defined by the Pennsylvania Crimes Code; or
(2) Appear in a state of nudity; or
(3) Fondle the genital of himself, herself or another person.
(B) For the purposes of this chapter, PUBLIC PLACE includes all outdoor areas owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including, but not limited to, places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, and party rooms or halls restricted to adults or to patrons invited to attend, whether or not an admission charge is levied. This section shall not apply to:
(1) Any child under ten years of age; or
(2) Any individual exposing a breast in the process of breastfeeding an infant under two years of age; or
(3) The exercise of free speech or free expression in the form of artistic and theatrical performances. It is the intention of the borough that this section 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.
(C) It shall be a violation of this chapter for a person who knowingly or intentionally in a sexually oriented business appears in a semi-nude condition unless the person is an employee who, while semi-nude, shall be at least ten feet from any patron or customer and on a stage at least two feet from the floor.
(D) It shall be a violation of this chapter for an employee, while semi-nude in a sexually oriented business, to solicit any pay or gratuity from any patron or customer or for any patron or customer to pay or give any gratuity to any employee, while said employee is semi-nude in a sexually oriented business.
(Ord. 1454, passed 12-17-2018, § 14) Penalty, see § 115.99