(A) INTENT: It is the intent of this chapter to protect the life, health and property of the public, and to preserve the good government, order and security of the city and its inhabitants by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear or be nude, in a public place and in other places which may be expected to be observed by the public within the city, except:
(1) When such person appears nude in a place provided or set apart for nudity, as hereafter defined, provided:
(a) 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
(b) Such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity.
(2) When the conduct of being nude cannot legally be prohibited by this chapter because:
(a) 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 Kentucky Constitutions; or
(b) It is otherwise protected by the United States or Kentucky Constitutions.
(B) It is the City Council's further intention to accomplish those intents and purposes expressed by the City Council in the "Whereas" provisions of Ordinance 98-1163, each of which are incorporated by reference herein.
(C) LEGISLATIVE FINDINGS: It is hereby found by the City Council, acting in its legislative capacity for the purpose of regulating the conduct of appearing nude in public places, that, the acts prohibited in § 132.04, below, encourage and or create the potential for the conduct of prostitution, attempted rape, rape, and assault and battery, that actual and simulated nudity and/or sexual conduct begets and has the potential for betting undesirable and unlawful behavior; that sexual, lewd, lascivious and salacious conduct may result in violation of law and creates dangers to the health, safety, welfare and morals of the public and those who engage in such conduct.
(Ord. 98-1163, passed 11-12-98)