Provisions of this code dealing with indecency and immorality are hereby repealed and replaced with the following provisions regarding public indecency.
(A) A person commits public indecency, a summary offense, who knowingly or intentionally, in a public place:
(1) Engages in sexual intercourse;
(2) Engages in deviate sexual intercourse as defined by the state’s Crimes Code;
(3) Appears in a state of nudity; or
(4) Fondles the genitals of himself, herself or another person.
(B) 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 genital, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
PUBLIC PLACE. Includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
(C) The prohibition set forth in division (A)(3) above shall not apply to:
(1) Any child under ten years of age; or
(2) Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
(D) In addition to the specific penalties provided in this chapter, it is hereby declared that any building, portion of a building or enclosed place regularly used for the prohibited display of public nudity is a public nuisance, subjecting the owner, proprietor or other operator thereof to any and all actions authorized by the state for the abatement of public nuisances, including, but not limited to the procedures set forth in § 92.16 of this code.
(Prior Code, § 10-916) (Ord. 751, passed 3-23-2004) Penalty, see § 113.99