[HISTORY: Adopted by the Board of Supervisors
of the Township of Girard as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-14-1997 by Ord. No. 88]
A person violates this article who knowingly
or intentionally in a public place:
As used in this article, 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 simulates 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 simulates and gives 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 § 143-1C shall not apply to:
In addition to the specific penalties provided
in this article, 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,
including but not limited to the procedures set forth in the Second
Class Township Code, as amended, 53 P.S. § 66529.
It is the intention of the Township of Girard
that the provisions of this article 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 article. Should a court of competent jurisdiction determine
that any part of this article, or any application or enforcement of
it, is excessively restrictive of such rights or liberties, then such
portion of this article, or specific application of this article,
shall be severed from the remainder, which shall continue in full
force and effect.
Whoever violates this article, either by commission
of an ordinance violation or by the promotion or maintenance of an
ordinance violation as property owner, proprietor or manager of a
business, upon being found liable therefor in a civil enforcement
proceeding commenced by the Township before a Magisterial District
Judge, pay a fine of not more than $600, plus all court costs, including
reasonable attorney's fees, incurred by the Township in the enforcement
of this chapter. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
