Borough of Clifton Heights, PA
Delaware County
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[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights as indicated in article histories. Amendments noted where applicable.]
[Adopted in 1976 by Ord. No. 540 (Ch. 6, Part 6, of the 1988 Code of Ordinances)]
This article is enacted for the following purposes: to promote the general welfare, peace and safety of all persons within the limits of the Borough of Clifton Heights, prohibiting the display of nudity to the general public or in private upon any premises within the Borough and declaring the same to be a nuisance.
It is hereby declared that the display of nudity to the general public or in private is prohibited as a nuisance offensive to the general public and inimicable to the maintenance of the peace, good government and welfare of the Borough.
A. 
The following definition is applicable to § 238-2 hereof:
NUDITY
The showing of post-pubescent human male or female genitals, pubic hair, buttocks, perineum, anal region or pubic hair region with less than a full opaque covering or the showing of post-pubescent female breasts with less than a full opaque covering of any portion thereof at or below the areola thereof or depiction of covered male genitals in a discernibly turgid state.
B. 
The following words hereunder or pertinent thereto shall have the meanings described and defined as follows:
OPERATOR
Any person having charge, care, management or control of any premises or part thereof.
OWNER
Any person who, alone or jointly or severally with others, shall have legal title to any property or premises with or without actual possession thereof and/or shall have charge, care or control of said property or premises as owner, agent of owner or executor, administrator, trustee or guardian of the estate of the owner.
PERSON
An individual, firm, corporation, association or partnership.
PREMISES
Tract of land with or without buildings situate thereon.
PROPERTY
Any parcel of real estate with or without improvements thereon erected.
A. 
Any person who knowingly acts so as to cause or commit or any owner or operator of any premises or property who knowingly permits or allows the nuisance aforesaid shall be subject to prosecution therefor in a summary proceeding before a Magisterial District Judge for such violation of and under the within article and, if found guilty, shall be subject to the penalties prescribed herein. Each calendar day of such offense shall subject any person, owner, or operator to further and separate prosecution and penalties as provided for.
B. 
Any person, owner or operator violating the provisions in this article or causing or helping others to violate it shall, upon conviction thereof before the Magisterial District Judge, be subject to pay a fine of not less than $100 nor more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]