§ 132.01 STATEMENT OF INTENT.

   (A)   It is the intent of §§ 132.02 through 132.05 to:

      (1)   Promote the public health, safety, welfare, peace and order of the village;

      (2)   Prohibit the exploitation of human nudity promoting the economic interests of any type of business enterprise; and

      (3)   Further the government’s interest in avoiding the harmful secondary effects of public nude conduct such as prostitution, sexual assaults and criminal activity consistent with applicable constitutional limitations outlined in reported federal court decisions such as Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Pap’s A.M. v. City of Erie, 529 U.S. 277 (2000); and Ways v. City of Lincoln, 331 F.3d 596 (8th Cir. 2003).

   (B)   This prohibition on public nude conduct is not intended to extend to any expression of opinion or the performance of a bona fide play, ballet or drama which may not be prohibited under the First Amendment to the Constitution of the United States or by Article I, § 5 of the Constitution of the state.

   (C)   The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on exercise of free speech that are protected by the First Amendment.

(Ord. 280, passed 1-5-2016)