§ 115.99  PENALTY.
   (A)   Any person violating § 115.05, upon conviction, is punishable as a class A misdemeanor; it being provided however, that the person may be charged with a municipal offense and be fined an amount not to exceed $500. Each day's continuance of a violation of such section shall constitute a separate and distinct offense for which the penalty provided herein may be assessed.
   (B)   Any person violating a provision of this chapter other than § 115.05, upon conviction, is punishable by a fine not to exceed $500.  Where applicable, each day's continuance of a violation of any provision shall constitute a separate and distinct offense for which the penalty provided herein may be assessed.
   (C)   It is a defense to prosecution under § 115.05 or § 115.08(D) that a person appearing in a state of nudity did so in a modeling class operated:
      (1)   By a proprietary school licensed by the state, 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; and
         (b)   Where in order to participate in a class a student must enroll at least three days in advance of the class.
   (D)   It is a defense to prosecution under § 115.20(A) or § 115.05 that each and every item of descriptive, printed, film or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, social or scientific value.
   (E)   Injunction.  A person who operates or causes to be operated a sexually oriented business without a valid license or in violation of any provision of this chapter may also be subject to a suit for injunction to prohibit such violations as well as prosecution for criminal violations. In any such suit, a person who is found to have violated a portion of this chapter and is enjoined will also be liable for all attorney fees and costs incurred in obtaining the injunctive relief.
(Ord. 310, passed 3-11-2010)