(A) Purpose. The purpose of this section is to prohibit public indecency in order to deter criminal activity, to promote societal order and public health and to protect children.
(B) Findings. The City Council makes the following findings regarding the need to prohibit public indecency.
(1) Public indecency can increase the incidence of criminal activity, including, but not limited to, prostitution, disorderly conduct and sexual assault.
(2) Public indecency can expose children to an unhealthy and nurtureless environment.
(3) Public indecency can disrupt the orderly operation of public events and public accommodations, thereby fostering societal disorder.
(4) Public indecency can present health concerns in places of public accommodation and other public settings.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any portion thereof below a point immediately above the top of the areola; or the depiction or showing of the covered male genitals in a discernibly turgid state.
PERSON. A natural person 12 years of age or older, including employees or agents of a public accommodation.
(D) Public indecency prohibited.
(1) A person who knowingly or intentionally in a public place or setting:
(a) Appears in a state of nudity;
(b) Fondles the genitals of himself or herself;
(c) Fondles the genitals of another person; or
(d) Urinates or defecates commits public indecency and is guilty of a misdemeanor.
(2) It is not a violation of this section for a woman to breastfeed.
(Ord. 2009-13, passed 7-14-2009; Ord. 2015-02, passed 2-25-2015) Penalty, see § 130.99