1167.99 PENALTY.

   (a)   Except as provided by subsection (b) or (c) hereof, any person violating this Chapter, upon conviction, is punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

   (b)   It is a defense to prosecution under Sections 1167.04(a), 1167.13, or 1167.15(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 (3) 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 1167.04(a) or 1167.13 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. 2000-143. Passed 6-26-00.)