Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Moosic as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 77.
Loitering — See Ch. 190.
Noise — See Ch. 202
Disruptive tenants — See Ch. 237, Art. I.
Zoning — See Ch. 300.
[Adopted 6-9-1998 by Ord. No. 11-1998]

§ 215-1 Definitions and word usage.

The following words, terms and phrases when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; words in the singular shall include the plural; and words in the masculine shall include the feminine and neuter.
ETCHING EQUIPMENT OR MATERIALS
Any tool, device, equipment or substance that can be used to make permanent marks on metal, glass, plastic, concrete or stone.
INDELIBLE MARKER
Any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface of 3/8 of an inch or greater.
MINOR
A person under 18 years of age.
PERSON
Any individual, partnership, corporation, trust, association, owner, contractor, salesperson, or any other legal entity.

§ 215-2 Prohibited conduct.

A. 
No person shall sell at retail to any minor paint in spray cans or any marker containing a fluid which is not water soluble and which has a point, brush, applicator or other writing surface of 3/8 of an inch or greater. For purposes of this section, to "sell at retail" means to sell to a consumer for ultimate use, and not for purposes of resale.
B. 
No person shall possess a spray paint container, liquid paint or indelible marker on the property of another or in any public building or upon any public facility, unless the owner, manager or other person having control of the property, building or facility consented to the presence of the materials.
C. 
No person shall possess a spray paint container, liquid paint, indelible marker, or etching equipment or materials on any public right-of-way (including, without limitation, any street or sidewalk) with intent to use the same to deface any building, structure or property.
D. 
No minor shall possess any spray paint container or indelible marker, except:
(1) 
A minor may possess spray paint containers or indelible markers while under the immediate supervision of his or her parent, legal guardian or teacher.
(2) 
A minor employee may possess spray paint containers or indelible markers at the direction and under the supervision of his or her employer.
E. 
No person shall aid, assist or abet a minor in obtaining spray paint cans or indelible markers in violation of Subsection D.

§ 215-3 Violations and penalties.

Any person, firm or corporation violating any provision of this article shall, upon conviction thereof, be guilty of a summary offense, and shall be fined not to exceed $1,000 for any one offense, recoverable with costs, together with costs and imprisonment of 30 days per offense upon nonpayment.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 215-4 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Moosic.
COUNCIL
The Council of the Borough of Moosic.
ESTABLISHMENT
Any business, commercial or other type of facility which is opened to the public, with or without a charge.

§ 215-5 Public indecency prohibited.

The Borough Council hereby declares the following conduct to be illegal as hereinafter set forth, and, further, that such activities are hereby declared to be and constitute public indecency:
A. 
A person who knowingly or intentionally in a public place:
(1) 
Engages in sexual intercourse;
(2) 
Engages in deviate sexual conduct;
(3) 
Fondles the genitals of himself or another person.

§ 215-6 Regulations for adult uses.

It is hereby required that, for any establishment offering dancing or providing dancing or any other form of entertainment to the public wherein the entertainers and/or performers appear in a state of full or partial nudity, the following restrictions shall be applied:
A. 
Other than an establishment licensed by the Pennsylvania Liquor Control Board, no alcohol shall be allowed on, consumed on, or stored in said establishment;
B. 
The performers and/or entertainers in said establishment shall have no physical contact with any customers or patrons of the premises;
C. 
Said establishment shall not be opened beyond 2:00 a.m.;
D. 
At any performance in said establishment, there shall be a five-foot buffer zone between any performance by any entertainer or person in the establishment and any patron.

§ 215-7 Violations and penalties.

Any person who shall violate any provision of this article shall, upon conviction thereof, be guilty of a summary offense and sentenced to pay a fine of not more than $600 and costs of prosecution and/or to undergo imprisonment for not more than 90 days, provided that each violation of any provision of this article and each day the same is continued shall be deemed a separate offense.