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(1) It shall be unlawful for any person to knowingly or intentionally appear in a state of nudity in a public place.

(2) Nudity” means the showing of the human male or female: genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum, or pubic hair region with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering below a point immediately above the top of the areola; the showing of the covered male genitals in a discernibly turgid state; 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 give the realistic appearance of nipples and/or areola.

(3) Public Place” means any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used solely as a private residence whether permanent or temporary in nature shall not be deemed a public place. Public place shall not include enclosed single sex public restrooms, enclosed single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor shall it include a person appearing in a state of nudity in a modeling class operated by: (1) a proprietary school, licensed by the State; a college, junior college or university supported entirely or partly by taxation; or (2) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or an accredited private college.

(4) The prohibition set forth in subsection (1) shall not apply to:

(a) Any child under ten (10) years of age; or

(b) Any individual exposing a breast in the process of breastfeeding an infant under three (3) years of age.

(c) Any theatrical production performed in a theater by a professional or amateur theatrical or musical company which has serious artistic merit.

(5) Public Indecency is a Class B Public Offense. (Ord. 00-102 § 4, 2000.)