§ 130.07  NUDE AND SEMINUDE ACTS PROHIBITED IN COMMERCIAL ESTABLISHMENTS.
   (A)   Acts prohibited.
      (1)   The following acts shall be prohibited, and it shall be a violation of this section for any person maintaining, owning or operating a commercial establishment located within the corporate limits of the city to suffer or permit:
         (a)   Any female person, while on the premises of such commercial establishment, to expose to the public view that area of the human female breast at or below the top of the areola.
         (b)   Any female person, while on the premises of such commercial establishment, to employ any device or covering intended to give the appearance of or simulate such portions of the female breast as described in division (a)(1) of this section.
         (c)   Any person, while on the premises of such commercial establishment, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage.
         (d)   Any person, while on the premises of such commercial establishment, to employ any device or covering intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage.
      (2)   It shall be unlawful for any female person, while on the premises of a commercial establishment located within the corporate limits of the city, to expose to public view that area of the human female breast at or below the top of the areola, or to employ any device or covering intended to give the appearance of or simulate such areas of the female breast as described in this section.  Provided, however, and notwithstanding any other provision of this section, that a mother may breast feed her baby in any location, public or private, where the mother is otherwise authorized to be.
      (3)   It shall be a violation of this section for any person, while on the premises of a commercial establishment located within the boundaries of the city, to expose to public view his or her genitals, pubic area, buttocks, anus or anal cleft or cleavage, or to employ any devise or covering intended to give the appearance of or simulate the genitals, pubic area, buttocks, anus or anal cleft or cleavage.
   (B)   Exemptions. The prohibitions contained in division (A) of this section shall not apply:
      (1)   When a person appears nude or seminude in a place otherwise legally provided or set apart for nudity, provided such person is not nude or seminude for the purpose of obtaining money or other financial gain for such person or for another person or entity; or
      (2)   When the conduct of being nude or seminude cannot be legally prohibited by this section because it:
         (a)   Constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression, and is not a mere guise or pretense utilized to exploit the conduct of being nude or seminude for profit or commercial gain, and as such is protected by the United States or Indiana Constitution; or
         (b)   Is otherwise protected by the United States or Indiana Constitution.
   (C)   Enforcement and penalties.  A person who violates any provision of this section shall be fined $250 for a first offense; $500 for a second offense; and not less than $750 nor more than $2,500 for a third offence or subsequent offense.
(Ord. 2013-11, passed 4-9-2013)