(a) No person shall recklessly do any of the following, under circumstances in which his or her conduct is likely to be viewed by and affront others, not members of his or her household:
(1) Expose his or her private parts, or engage in masturbation.
(2) Engage in sexual conduct.
(3) Engage in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.
(4) Appear in a state of nudity;
(5) Fondle the genitals of himself or herself or another person.
(Ord. 297-1992. Passed 12-21-92.)
(b) Whoever violates this section is guilty of public indecency. Except as otherwise provided in this division, public indecency is a misdemeanor of the fourth degree.
(1) If the offender previously has been convicted of or pleaded guilty to one violation of this section or a substantially equivalent state law or municipal ordinance, public indecency is a misdemeanor of the third degree.
(2) If the offender previously has been convicted of or pleaded guilty to two violations of this section or a substantially equivalent state law municipal ordinance, public indecency is a misdemeanor of the second degree.
(3) If the offender previously has been convicted of or pleaded guilty to three or more violations of this section or a substantially equivalent state law or municipal ordinance, public indecency is a misdemeanor of the first degree.