Municipality of Kingston, PA Chapter 138 Public Indecency

[HISTORY: Adopted by the Town Council of the Municipality of Kingston 12-6-1999 by Ord. No. 1999-9. Amendments noted where applicable.]

§ 138-1 Prohibited activities.

The Town 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; or

(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.

§ 138-2 Violations and penalties.

A. Any person who shall violate any provision of this chapter shall, upon conviction thereof, be guilty of a summary offense and sentenced to pay a fine of not more than $300 and costs of prosecution and/or to undergo imprisonment for not more than 90 days, provided that each violation of any provision of this ordinance and each day the same is continued shall be deemed a separate offense.

B. 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, be guilty of a summary offense and sentenced to pay a fine of not more than $300 and costs of prosecution and/or to undergo imprisonment for not more than 90 days, provided that each violation of any provision of this chapter and each day the same is continued shall be deemed a separate offense.

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