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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BREAST. A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and areola (the darker colored area of the breast surrounding the nipple) and an outside area of the gland wherein the outside area is:
(1) Reasonably compact and contiguous to the areola; and
(2) Contains at least the nipple and the areola and one-fourth of the outside surface area of the gland.
(1) For a short general description, see the last division, division (4) of this definition. The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines running parallel to the ground when a person is standing, the first or top line being one-half inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom line being one-half inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two imaginary straight lines, one on each side of the body (the “outside lines”), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the other side of leg.
(2) Notwithstanding the above, BUTTOCKS shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either:
(a) The left inside perpendicular line and the left outside perpendicular line; or
(b) The right inside perpendicular line and the right outside perpendicular line.
(3) For the purpose of the previous division the left inside perpendicular line shall be an imaginary straight line on the left side of the anus that:
(a) Is perpendicular to the ground and to the horizontal lines described above;
(b) Is one-third of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus:
1. That is perpendicular to the ground and to the horizontal lines described above; and
2. That is one-third of the distance from the anus to the right outside line.
(4) The above description can generally be described as covering one-third of the buttocks centered over the cleavage for the length of the cleavage.
ENTITY. Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for profit and/or not for profit organization.
NUDE. Any person insufficiently clothed in any manner or that any of the following body parts are not entirely covered with a fully opaque covering:
(1) The male or female genitals;
(2) The pubic area;
(3) The vulva;
(4) The penis;
(5) The female breast (each female person may determine which one-fourth of her breast surface area (see definition of breast) contiguous to and containing the nipple and the areola is to be covered);
(6) The anus;
(7) The anal cleft;
(8) The anal cleavage;
(9) The buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, g-strings, t-backs, dental floss and thongs; and
(10) For the purposes of this definition, body paint, body dyes, tattoos, liquid latex whether wet or dried, string and dental floss and similar substance shall not be considered an “opaque covering.”
PERSON. Any live human being aged ten years of age or older.
PLACES APPROVED OR SET APART FOR NUDITY. Enclosed single sex public restrooms, enclosed single sex functional shower, single sex locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices, portions of hospitals, the yard areas of private residences and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. The aforementioned PLACES APPROVED OR SET APART FOR NUDITY 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 for commercial gain.
PUBLIC PLACE. 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 PLACES include, but are not limited to, streets, sidewalks, parks, beaches, 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 cover charge or membership requirement or membership fee), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof, such as motel or hotel rooms, used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a PUBLIC PLACE.
(Ord. 2007-10, passed 6-26-2007)