(A) Any person who knowingly or intentionally, in a public place, engages in sexual intercourse, engages in deviate sexual conduct, appears in a state of nudity or fondles the genitals of himself or herself or another person, commits an act of public indecency.
(B) No person shall commit an act of public indecency within the city.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUDITY. The exposure of male or female genitals, pubic area, female breasts with less than a full opaque covering of the nipples thereof, human male genitals in a discernibly turgid state, even if completely and opaquely covered, or that portion of the buttocks which would be covered by a properly worn thong-type bikini bottom.
PUBLIC PLACE.
(1) Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. PUBLIC PLACE includes, but is not limited to, streets, sidewalks, pools, 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 coverage charge or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets and meeting facilities utilized by social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in routine, shall not be deemed a PUBLIC PLACE. PUBLIC PLACE shall not include enclosed single-sex public restrooms, enclosed single-sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctors’ offices, churches, synagogues or similar places when used for circumcisions, baptisms or similar religious ceremonies, portions of hospitals or similar places in which nudity or exposure is necessarily and customarily expected outside of the home, or a modeling class, in which a person appears in a state of nudity, which class is 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.
(2) The definition of
PUBLIC PLACE set forth herein shall be interpreted to be no broader than the definition of PUBLIC PLACE set forth in ILCS Ch. 720, Act 5, § 11-9 (formerly Ill. Rev. Stat., Ch. 38, § 11-9), as upheld by the Illinois Supreme Court in People v. Garrison, 8211.2d 444, 412 N.E.2d 483 (1980).
(D) This section is patterned after and shall be interpreted in the same manner as the Indiana Public Indecency Statute held constitutional by the United States Supreme Court in Barnes v. Glen Theatre. Inc., 501 U.S. 560, 111 S.Ct. 2456 (1991).
(2000 Code, § 9.08.160) Penalty, see § 131.99