The prohibitions of § 132.04 shall not apply:
(A) When a person appears nude in a place provided or set apart for nudity, provided that:
(1) 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
(2) Such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity.
(B) When the conduct of being nude cannot legally be prohibited by this chapter because:
(1) It constitutes a part of a bona fide live communication, demonstration or performance by a 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 mere guise or pretense utilized to exploit the conduct of being nude for profit or commercial gain, and as such is protected by the United States or Kentucky Constitution; or
(2) It is otherwise protected by the United States or Kentucky Constitution.
(C) Notwithstanding any other provision of this chapter, a mother may breast feed her baby or babies, in any location, public or private, where the mother is otherwise authorized to be, irrespective of whether the nipple and/or areola of the mother's breast is uncovered during or incidental to the breast feeding.
(D) This chapter does not apply to a "nudist society", which is recognized and licensed by the Commonwealth of Kentucky in accordance with Chapter 232 of the Kentucky Revised Statutes.
(Ord. 98-1163, passed 11-12-98)