Borough of Forty Fort, PA Part 3 PUBLIC INDECENCY

§ 6-301 Prohibited Activities.

[Ord. 2000-3, 9/5/2000, § 1]

1. 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. Any person who knowingly or intentionally, in a public place:

(1) Engages in sexual intercourse.

(2) Engages in deviate sexual conduct.

(3) Appears in a state of nudity.

(4) Fondles the genitals of himself or another person.

B. "Nudity" means the showing of human male or female genitals, 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 or the showing of covered male genitals in a discernibly turgid state.

§ 6-302 Violations and Penalties.

[Ord. 2000-3, 9/5/2000, § 2; as amended by Ord. 2009-8, 12/7/2009]

1. Any person who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

2. In the event that any of the unlawful and illegal activities specified herein are conducted by or in the name of a corporation, partnership, joint venture, trust, firm or association, in addition to (corporate) entity liability, the officers, agents or principals of said corporation, individual, partnership, joint venture, trust, firm or association shall be deemed in violation of this chapter as well as the person or persons engaged in the unlawful activity and, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.

3. The unlawful activities specified herein shall constitute separate and distinct offenses for each and every day in which said activities are conducted.