A. Definitions: As used in this section, certain terms are defined as follows:
NUDITY: The showing of the human male or female genital, pubic area or cleft of the 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 devices simulate and give the realistic appearance of nipples and/or areola; or the showing of the covered male genitals in a discernibly turgid state.
PUBLIC PLACE: Any location frequented by the public, or where the public is present, or likely to be present, where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place. The term "public place" shall not include movie theaters, theaters used for production of legitimate theater and theatrical productions, enclosed single sex and unisex public restrooms, enclosed single sex and unisex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors' offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor shall it include a person appearing in a state of nudity in a modeling class operated by:
A proprietary school, licensed by the state; a college, junior college or university supported entirely or partly by taxation; or
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 an accredited private college.
B. Committing Public Indecency; Exception:
1. A person who knowingly or intentionally does any of the following in a public place commits public indecency:
a. Engages in sexual intercourse;
b. Engages in deviate sexual intercourse;
c. Appears in a state of nudity; or
d. Fondles the genitals of himself or another person.
2. The prohibition set forth in subsection B1c of this section shall not apply to:
a. Any child under ten (10) years of age; or
b. Any individual exposing a breast in the process of breastfeeding an infant.
C. Abatement Of Nuisance: In addition to the specific penalties provided in this section, 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 state statute or city ordinance for the abatement of public nuisances.
D. Construction: It is the intention of the city that the provisions of this section be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights consistent with the purposes of this section. Should a court of competent jurisdiction determine that any part of this section, or any application or enforcement of it, is excessively restrictive of such rights or liberties, then such portion of this section, or specific application of this section, shall be severed from the remainder, which shall continue in full force and effect. (Ord. 2121, 4-6-2004)
E. Penalty: Whoever violates any provision of this section, either by commission of a public indecency, or by the promotion or maintenance of public indecency as property owner, proprietor or manager of a business, upon conviction, shall be punished as provided in the general penalty in section 1-4-1 of this code. Each day such violation continues is a separate offense. (Ord. 2121, 4-6-2004; amd. 2005 Code)