(A) For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
"OBSCENE." Conduct, the dominant theme of which, taken as a whole, appeals to a prurient interest in sex, which is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and which is without redeeming social value.
(B) (1) As used in this section, the term "Public Place" shall have the same definition as the term "public place" is defined in KRS 525.010.
(2) It shall be unlawful for a person to appear in any public place in such a manner or attire as to expose to view any portion of the pubic area, anus, vulva or genitals, or any simulation thereof, or for any female to appear in such manner or attire as to expose to view the portion of the breast below a horizontal line across the top of the areola at its highest point or simulation thereof. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.
(3) However, this division shall not be construed as prohibiting nudity in any public places set aside for such conduct including, but not limited to public restrooms, bathing and locker room facilities, and those places in which nudity or exposure is necessarily expected outside the home.
(C) It shall be unlawful for any person to appear in any scene, sketch, act, or performance in any public place where alcoholic beverages are sold, containing obscene postures, suggestions, acts, or simulations in an obscene manner.
(D) It shall be unlawful for any person who owns or operates a public place where alcoholic beverages are sold to solicit, employ, or permit any person to engage in any of the conduct prohibited in this section in the public place, or to display or permit to be displayed in the public place any pictures or films depicting acts, the live performance of which is prohibited by this section.
(Ord. O-41-80, passed 12-9-80; Am. Ord. O-3-94, passed 5-24-94) Penalty, see § 133.99
It shall be a criminal offense for a person to solicit, invite, influence, or encourage another person by speech, gesture, or any other form of communication, to engage in or attempt to engage in conduct which would constitute a violation of the provisions of KRS 510.100 (Sodomy in the Fourth Degree) in the city with the intent to promote or facilitate such conduct.
(Ord. O-33-85, passed 9-10-85) Penalty, see § 133.99
(A) Pursuant to KRS 83A.065(2), the offense of violating the terms of § 133.01 is designated as a misdemeanor and a criminal fine not to exceed the amount set forth in KRS 534.040(2)(a), or a term of imprisonment not to exceed the periods set forth in KRS 532.090(1), or both, may be imposed for the offense. (Ord. O-41-80, passed 12-9-80; Am. Ord. O-3-94, passed 5-24-94)
(B) Any person convicted of the offense established in § 133.02 shall be fined not less than $100 nor more than $500, or imprisoned for not more than one year, or both. (Ord. O-33-85, passed 9-10-85)