§ 870.99 PENALTY.

   (a)   Except as provided in subsection (b) or (c) hereof, whoever violates any of the provisions of this chapter shall be fined not more than one thousand dollars ($1,000.00) for each offense.

   (b)   It is a defense to a prosecution under §§ 870.04(a), 870.13 or 870.15(d) that a person appearing in a state of nudity did so in a modeling class operated:

      (1)   By a college, junior college or university supported entirely or partly by taxation;

      (2)   By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation; or

      (3)   In a structure:

         A.   Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing;

         B.   Where in order to participate in a class a student must enroll at least three days in advance of the class; and

         C.   Where no more than one nude model is on the premises at any one time.

   (c)   It is a defense to a prosecution under §§ 870.04(a) or 870.13 that each item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political or scientific value.

(Ord. 98-O-24, passed 4-6-1998)