[HISTORY: Adopted by the Town Council of the Town of Phillipsburg as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 242.
Demonstrations and special events — See Ch. 248.
Entertainment licenses — See Ch. 282.
Massage establishments — See Ch. 375.
Police service costs — See Ch. 441.
[Adopted 1-2-2001 by Ord. No. O:2000-37 (Ch. 47A of the 1969 Code)]
A person who, knowingly or intentionally, in a public place, engages in any of the following acts commits public indecency, a summary offense:
A. 
Engages in sexual intercourse;
B. 
Engages in deviate sexual intercourse as defined by the New Jersey Criminal Code;
C. 
Appears in a state of nudity; or
D. 
Fondles the genitals of himself, herself or another person.
As used in this article, the following terms shall have the meanings indicated:
NUDITY
The showing of the human male or female genitalia, pubic hair 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 or perineum anal 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 areola.
PUBLIC PLACE
Includes 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.
The prohibition set forth in § 428-1C shall not apply to:
A. 
Any child under 10 years of age; or
B. 
Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
Whoever violates this article, either by commission of a public indecency or by the promotion or maintenance of public indecency as property owner, proprietor or manager of a business, shall be sentenced to pay a fine of not more than $500 or be imprisoned for not more than 90 days, or both. Each day such violation continues is a separate offense.
In addition to the penalties provided in this article, it is hereby declared that any 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 State of New Jersey for the abatement of public nuisances, including, but not limited to, the procedures set forth in N.J.S.A. 2C:33-12.1.
[Added 11-8-2017 by Ord. No. O:2017-27]
A. 
It shall be unlawful for any person to urinate or defecate in any public place, except in such places as may be provided for such use; and
B. 
No person shall appear or travel on any street, avenue, highway, road or waterway located in the Town of Phillipsburg or appear in any public place, store or any business open to the public in the Town in a state of nudity. A person shall be found in a state of nudity when clothing or absence of clothing completely exposes to public view a person's anus, genitals, pubic area or female breasts. No person shall dress or undress in any public place or in public view within the Town of Phillipsburg.