[Adopted 12-22-1998 by Ord. No. 98-19]
A.
Terms used in this article shall be given their general and customary
meaning and, where such terms are defined in statutes of the Commonwealth
of Pennsylvania or ordinances of Millcreek Township, such definitions
shall control.
B.
ADULT ENTERTAINMENT
(1)
(2)
NUDE
NUDITY
PUBLIC INDECENCY
(1)
(2)
(3)
(4)
PUBLIC PLACE
When used in this article, the following terms shall be defined as
follows:
An exhibition in an adult-oriented establishment of any adult-oriented
books, motion pictures or other media, meaning those distinguished
or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas,
as these terms are defined at 68 Pa.C.S.A. § 5502, as may
in the future be amended.
A live performance, display or dance of any type in an adult-oriented
establishment which has as a significant or substantial portion of
the performance any actual or simulated performance of specified sexual
activities or exhibition and viewing of specified anatomical areas,
removal of articles of clothing or appearing unclothed, pantomiming,
modeling or any other personal services offered customers.
Being in a state of nudity.
The showing of the human male or female genital or pubic
area or of the buttocks with less than a fully opaque covering; and/or
the showing of the female breast with less than a fully opaque covering
or any part of the breast below a point immediately above the top
of the areola.
Includes all actions declared in this article to constitute
public indecency. The term shall not include:
The act of performing or dancing in the nude in an adult-oriented
establishment or in a play or performance open to the general public
where the fact that nude performance is made known to patrons prior
to their entry to the premises and this article is not otherwise violated;
Any child under the age of 10 years;
Any individual exposing a breast in the process of breast-feeding
an infant under the age of two years;
Any person being in a state of nudity other than in a public
place, or in circumstances of emergency or which are not within the
reasonable control of that person.
Includes all outdoor places owned by or open to the general
public, and all buildings and enclosed premises owned by or open to
the general public, whether or not an admission charge is levied.
No person shall commit an act of public indecency in Millcreek
Township or maintain acts of public indecency as a property owner,
lessee, proprietor or manager of a business, and it shall be unlawful
for any such person to commit or maintain any act(s) of public indecency.
An act of public indecency occurs when a person knowingly, intentionally
or recklessly, in a public place:
A.
Engages in sexual intercourse.
B.
Engages in any specified sexual activity as defined at 68 Pa.C.S.A.
§ 5502, as may in the future be amended, this including:
(1)
Causing one's own or another person's human genitals to be in a state
of sexual stimulation or arousal.
(2)
Acts of human masturbation, sexual intercourse or sodomy.
(3)
Fondling or erotic touching of human genitals, pubic region, buttocks
or female breasts of oneself or any other person in a public place
not constituting an adult entertainment for which such activity as
to oneself may be an element of the performance.
(4)
In adult-oriented entertainment, plays or performances, the fondling
or erotic touching of human genitals, pubic region, buttocks or female
breasts of another person by a performer, patron or other person,
and/or of a performer by any patron or person not involved in the
play or performance.
C.
Appears in a state of nudity, other than as a performer in a dance,
play or performance for which nudity constitutes an aspect of the
performance.
D.
Brings, allows or condones entry of a minor to an adult-oriented
establishment.
A.
No establishment constituting an adult entertainment or adult-oriented
establishment shall be open for business earlier than 10:00 a.m. on
Mondays through Saturdays or 12:00 p.m. on Sundays, and no such establishment
shall be open for business later than 12:00 a.m. on any day of the
week.
B.
No person in the course of performance in any establishment offering
adult entertainment or in any play, dance or performance shall, at
any time, be situated nearer than 10 feet from any patron of the establishment
or any other person not directly involved in the performance.
C.
The Millcreek Township Police Department and the Township's Code
Administrator and his or her designees are authorized to inspect adult-oriented
establishments at reasonable times for purposes of enforcing the regulations
of state law and this article.
D.
The Board of Supervisors and/or the Code Administrator, through the
Solicitor, shall be authorized to commence by the Township actions
at law or in equity to enjoin violations of this article or of 68
Pa.C.S.A. § 5501 et seq.
In addition to specific penalties prescribed in this article for violations, it is declared that any building, structure or portion thereof regularly used for acts of public indecency in violation of this article is a public nuisance, subjecting the owner, lessee, proprietor or other operator thereof to any and all actions authorized by the Commonwealth of Pennsylvania or Article II, Nuisances, of this chapter, for the abatement of public nuisances. In the event of any action by the Township to abate a public nuisance, the owner of the subject property shall further be liable for payment to the Township of all costs, attorneys' fees and other expenses incurred by the Township in such action.
The Millcreek Township Police Department and the Code Administrator
are hereby authorized and directed to enforce the terms of this article.
[Amended 8-28-2007 by Ord. No. 2007-6]
Any person or entity committing any act(s) prohibited herein shall violate this article. This article shall be enforced pursuant to the provisions of Chapter 48, Enforcement and Collection Activities, of the Code of the Township of Millcreek (Ordinances Nos. 96-8 and 96-9), governing civil enforcement of ordinances and attorney's fees and costs payable in enforcement actions. A civil action shall be brought in the office of the Magisterial District Judge having jurisdiction, the civil fine upon a finding of violation being $600. In any civil action, a person or entity found to have violated this article shall also be obligated within the judgment to pay all costs and attorney's fees incurred by the Township in the enforcement action. Each day a violation of this article continues shall constitute a separate offense. Each violation of this article shall constitute a separate offense, subject to the prescribed fine for each violation.
