[HISTORY: Adopted by the Council of the Municipality of Murrysville 12-5-1996
by Ord. No. 449-96. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 220.
A person who knowingly or intentionally, in a public place, 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 commits public indecency,
a summary offense.
As used in this chapter, the following terms shall have the meanings
indicated:
The showing of the human male or female genital, 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 stimulates
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 stimulates and give the realistic
appearance of nipples and/or areola.
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 § 177-1C shall not apply to:
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 of Pennsylvania for the abatement of
public nuisances.
It is the intention of the Municipality of Murrysville that the provisions
of this chapter be construed, enforced and interpreted in such a manner as
will cause the least possible infringement of the constitutional rights of
free speech, free expression, due process, equal protection or other fundamental
rights consistent with the purposes of this chapter. Should a court of competent
jurisdiction determine that any part of this chapter, or any application or
enforcement of it, is excessively restrictive of such rights or liberties,
then such portion of the chapter, or specific application of the chapter,
shall be severed from the remainder, which shall continue in full force and
effect.
Whoever violates this chapter, 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 guilty of a summary offense
and, upon conviction, shall be sentenced to pay a fine of not more than $1,000
or be imprisoned for not more than 90 days, or both. Each day such violation
continues is a separate offense.
