For the purposes of this chapter, the following definitions shall apply unless the context indicates or clearly requires a different meaning.
"Breast(s)." The areola and nipple of the human female breast below a horizontal line across the top of the areola at its highest point. This definition shall include the entire lower portion of the human female breast; but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel provided that the areola and/or nipple is not exposed in whole or in part.
"Buttocks." The cleavage of the human buttocks. This definition shall not include any portion of the cleavage of the human buttocks exhibited by a bathing suit, thong, g-string, or other wearing apparel.
"Entity." Any proprietorship, partnership, corporation, association, business trust, joint venture, joint stock company, any other for profit organization, any non-profit organization, and any other legal entity recognized or hereafter recognized by the Commonwealth of Kentucky.
"Nude."
(A) Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering:
(1) The male or female genitals and/or any simulation thereof;
(2) Covered male genitals in a discernible turgid state;
(3) The female breast;
(4) The male or female anus; or
(5) The male or female buttocks.
(B) Body paint, body dyes, tattoos, liquid latex whether wet or dried, and similar substances shall not be considered opaque covering.
"Person." Any live human being aged ten (10) years of age or older.
"Places Provided or Set Apart for Nudity." Enclosed single sex public restrooms, enclosed single sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, physician's offices, chiropractic offices, the offices of licensed physical therapists, portions of hospitals and similar places which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise commercially exploited.
"Public Place." Means the same as "Public Place" as defined in Kentucky Revised Statute 525.010.
(Ord. 98-1163, passed 11-12-98)