A. Definitions: As used in this section, the following terms shall have the following meanings:
NUDITY: A state of dress in which the female breast below a point immediately above the top of the areola, or the male or female genitals, buttocks, anus, or pubic area, are not fully covered by opaque clothing.
PUBLIC PLACE: 1. Any public building, park or stadium;
2. Any publicly owned building or real property;
3. Any public street, sidewalk, alley or right of way;
4. Any area open to the sky to which the public or a substantial group of the public has access and includes, but is not limited to, parking lots, accessways, entryways, private streets, sidewalks, landscaped areas, playgrounds or common areas;
5. All buildings and enclosed places to which the public or a substantial group of the public has access, including such places of entertainment, taverns, restaurants, private clubs, cabarets, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
B. Prohibited Acts: A person is guilty of public indecency if the person knowingly or intentionally, in a public place:
1. Appears in a state of nudity;
2. Exposes on his or her person:
a. Any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region, or
b. Any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples; or
3. Engages in any of the following acts:
a. An act of sexual intercourse or sodomy;
b. Masturbation;
c. Fondling the genitals of himself, herself or another person.
C. Exceptions: The prohibition set forth in subsection B of this section shall not apply to:
1. A woman exposing a breast in the process of breast feeding an infant under two (2) years of age, including breast feeding in any location where the woman otherwise may rightfully be, irrespective of whether or not the breast is covered during or incidental to feeding; or
2. Any child under ten (10) years of age; or
3. A licensed sexually oriented business employee performing in a state of seminudity in an adult live entertainment business, in accordance with the requirements of title 5, chapter 15 of this code; or
4. Prior to January 2, 2001, a licensed professional dancer performing in a licensed cabaret, in accordance with the requirements of title 5, chapter 4, article B of this code.
D. Construction And Severability: It is the intention of the city that the provisions of this section be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights consistent with the purposes of this section. Should a court of competent jurisdiction determine that any part of this section, or any application or enforcement of it is excessively restrictive of such rights or liberties, then such portion of this section, or specific application of this section, shall be severed from the remainder, which shall continue in full force and effect.
E. Penalty: Public indecency is a class B misdemeanor.
(Ord. 2000-38, 7-18-2000)