533.07 PUBLIC INDECENCY.

   (a)   No person shall knowingly or intentionally do any of the following in a public place:

      (1)   Engage in sexual intercourse;

      (2)   Engage in “sexual conduct” or “sexual contact” as defined by Section 2907.01 of the Ohio Revised Code;

      (3)   Appear in a state of nudity; or

      (4)   Fondle the genitals of himself, herself or another person.

   (b)   “Nudity” means 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.

   (c)   “Public place” include 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.

   (d)   The prohibition set forth in subsection (a)(3) shall not apply to:

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

      (2)   Any individual exposing a breast in the process of breastfeeding an infant under two (2) years of age.

   (e)   In addition to the specific penalties provided in this section, 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 State of Ohio for the abatement of public nuisances.

   (f)   Whoever violates this section, either by commission of a public indecency, or by the promotion or maintenance of public indecency as property owner, proprietor or manager of a business, shall be guilty of a misdemeanor of the third degree and, upon conviction, shall be sentenced to pay a fine of not more than seven hundred fifty dollars ($750.00) or be imprisoned for not more than ninety days, or both. Each day such violation continues is a separate offense. (Ord. 00-069. Passed 4-18-00.)