It is the intent of this chapter to protect and preserve the health, safety, welfare, and morals of the citizens of Kane County by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear to be nude, in a public place and in other places which may reasonably be expected to be observed by the public within the unincorporated areas of Kane County except:
A. When such person appears nude in a place provided or set apart for nudity provided: 1) such person is nude for the sole purpose of performing the legal function(s) that is customarily intended to be performed within such place provided or set apart for nudity, and 2) such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity; or
B. When the conduct of being nude cannot legally be prohibited by this chapter: 1) because it constitutes a part of a bona fide live communication, demonstration or performance by such 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 guise or pretense utilized to exploit nudity for profit or commercial gain and as such is protected by the United States or Illinois constitution, or 2) because it is otherwise protected by the United States or Illinois constitution. (Ord. 96-313, 11-12-1996)