(a) Definitions:
(1) Nude or nudity means the showing of the human male or female genitals, pubic area, or buttocks cavity with less than a fully opaque covering.
(2) Person for purposes of this section means any live human being aged 10 years or older.
(3) Place provided or set apart for nudity means enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person’s conduct of being nude is used for the promotion of business or is otherwise commercially exploited.
(4) 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, businesses 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, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations.
(b) Violation: It shall be unlawful for any person to knowingly or intentionally appear nude in a public place or in any other place that is readily visible to the public. It shall also be unlawful for any person or entity maintaining, owning, or operating any public place to knowingly, or with reason to know, permit or allow any person to appear in a state of nudity in such public place.
(c) Exemptions: This section shall not apply to:
(1) Photographs, movies, video presentations, or any other non-live performances;
(2) Any place provided or set apart for nudity as defined above; or
(3) The conduct of being nude when (i) it 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 for-profit or commercial gain and as such is protected by the United States or South Carolina Constitution or (ii) it is otherwise protected by the United States or South Carolina Constitution.
(d) Penalties. A person who violates this ordinance shall be penalized by a fine of $500 or 30-days’ imprisonment.
(1976 Code, § 15-4) (Ord. 2727, §§ 1-4, passed 6-20-1995)
Cross-reference:
Adult-oriented businesses, see §§ 2.5-1 et seq.
Editor’s Note:
Repealed or modified by judicial decision.