It is the intent of this ordinance to protect and preserve the health, safety, welfare and morals of the citizens of Nutter Fort by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear to be nude, in a public place and in other places which may reasonably be expected to be observed by the public within the Town of Nutter Fort, except:
(a) When such person appears nude in a place provided or set apart for nudity provided:
(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, or:
(b) When the conduct of being nude can not legally be prohibited by the United States or West Virginia Constitution; or
(2) Because it is otherwise protected by the United States or West Virginia Constitutions.
(Ord. passed 1-20-2004)