(a) As used in this section:
(1) "Nude" and "nudity" mean exposing to view with less than an opaque covering, in a public place, the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, pubic hair or buttocks of any person, or the female breast below the top of the areola; exposing to view in a public place the male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume or covering that gives the appearance of or simulates any of these anatomical areas. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.
(2) "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), hotels, motels, restaurants, nightclubs, 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 places shall not include single-sex public restrooms; enclosed single-sex functional showers or locker room or dressing room facilities; enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations; or doctors' offices and portions of hospitals and similar institutions in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein.
(b) No person shall, in a public place:
(1) Engage in actual or simulated sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts.
(2) Appear in a state of nudity.
(3) Fondle the genitals or pubic region of any person or the breasts of any female person.
(4) Violate the provisions of Ohio R.C. 2907.09.
(c) The provisions of this section shall not be construed to prohibit:
(1) Any theatrical production, dance performance or other exhibition that is not obscene and that is performed in a theater by a professional or amateur theatrical, musical, dance or performance company which has serious artistic or political merit.
(2) Any class, seminar or lecture that is held for serious scientific or educational purposes, that is not obscene, and that is sponsored by:
A. A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
B. 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
C. An establishment operating in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing, where, in order to participate in a class, seminar or lecture, a student must enroll at least three days in advance, and where no more than one nude model is on the premises at any one time.
(3) Any entertainment on the premises of a properly licensed adult entertainment business, as defined in Section 1121.021 of the Planning and Zoning Code, which is carried out in compliance with Chapter 764 of these Codified Ordinances and which is not obscene.
(d) Whoever violates this section is guilty of a misdemeanor of the first degree.
(e) This section shall take effect and be in force on the closing date of the Settlement Agreement between the Cities of Brook Park and Cleveland that was approved by the Brook Park City Council on May 21, 1997, by Ordinance No. 8323-1997, and by the Cleveland City Council on June 16, 1997, by Ordinance No. 203-97, as the term "closing date" is defined in the Settlement Agreement.
(Ord. 8398-1997. Passed 1-27-98.)