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(a) Definitions. As used in this section, unless a different meaning clearly appears from the context:
(1) "Nudity" means the showing of the human male or female genitalia, 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 areolae.
(2) "Public place" means 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.
(b) Prohibitions; Exceptions.
(1) A person who knowingly or intentionally does any of the following in a public place commits an act of public indecency, a summary offense:
A. Engages in sexual intercourse;
B. Engages in deviate sexual intercourse as defined by the Pennsylvania Crimes Code;
C. Appears in a state of nudity; or
D. Fondles the genitals of himself, herself or another person.
(2) A person who knowingly or intentionally promotes or maintains any acts of public indecency as a property owner, proprietor or manager of a business commits an act of public indecency, a summary offense.
(3) The prohibition set forth in paragraph (b)(1)C. hereof shall not apply to:
A. Any child under seven years of age; or
B. Any mother breast-feeding her child in any location where the mother is otherwise authorized to be.
(c) Abatement. In addition to the specific penalties provided in this chapter, 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 for the abatement of public nuisances.
(Ord. 10-96. Passed 10-23-96.)