759.20 ENFORCEMENT.

   (a)    Except as provided by subsection (b) or (c), any person violating any provision of this Chapter is guilty of a misdemeanor of the first degree.

   (b)    It is a defense to prosecution under Sections 759.04(a), 759.13, or 759.15(d) that a person appearing in a state of nudity did so in a modeling class operated:

      (1)   By a college, junior college, or university supported entirely or partly by taxation;

      (2)    By a private college or university which maintains and operates educational programs in which credits are transferrable to a college, junior college, or university supported entirely or partly by taxation; or

      (3)    In a structure:

         A.    Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

         B.    Where in order to participate in a class a student must enroll at least three days in advance of the class; and

         C.    Where no more than one nude model is on the premises at any one time.

   (c)    It is a defense to prosecution under Sections 759.04(a) or 759.13 that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.

(Ord. 67-95. Passed 9-19-95.)

CODIFIED ORDINANCES OF ASHLAND