533.15 EXPOSURE; COUNSELING; EXEMPTION.
(a) Exposure of Performers or Entertainers in Public Prohibited.
(1) No person shall, while participating in any live act, live demonstration, live performance, or live exhibition in any public place, or in any place open to the public or open to public view:
A. Expose his or her genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
B. Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic hair region; or
C. Expose the female breast with less than a full opaque covering of every part of the areola, which covering shall be of a material and color so as not to give the appearance of or simulate any part of the areola or nipple; or
D. Commit actual or simulated fellatio, cunnilingus, sexual intercourse, touching, caressing or fondling on the breasts, buttocks, anus, or genitals, or engage in conduct or simulate conduct which to the ordinary observer would appear to be sexual conduct or masturbation; or
E. Display films or pictures depicting acts of a performance which would be prohibited by subsections (a)(1)A., B., C. or D. hereof.
(2) Whoever violates this subsection (a)(1) is guilty of a misdemeanor of the first degree.
(b) Counseling or Assisting Unlawful Public Exposure Prohibited.
(1) No person shall cause, permit, procure, counsel or assist any person to expose or simulate exposure as prohibited in subsection (a) hereof.
(2) Whoever violates this subsection (b) is guilty of a misdemeanor of the first degree.
(c) Exemption. The provisions of this section shall not be interpreted to prevent live performances with serious literary, artistic or political value in a legitimate theater setting for high culture as that concept is used in Barnes v. Glen Theatre, Inc., (1991) 501 US 560, and subsequent determinations of the courts of Ohio and the United States interpreting the law of regulative sexual conduct.
(Ord. 99-9-89. Passed 9-8-99.)