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A. The United States supreme court decision in Barnes v. Glen Theater, Inc., 501 U.S. 560, 111 S. Ct. 2456, 115 L. Ed.2d 504 (1991) and Erie v. Pap's A.M., 120 S. Ct. 1382, 146 L. Ed.2d 265, upheld the rights of cities to prohibit public nudity at any sexually oriented businesses, regardless of whether or not a permit has been issued to said businesses, including businesses where no alcoholic beverages are sold, served, or consumed at the premises. The city expressly finds that the secondary effects associated with live adult entertainment and public nudity adversely impact and threaten to impact the public health, safety and welfare by providing an atmosphere conducive to violence, sexual harassment, public intoxication, prostitution, the spread of sexually transmitted disease and other deleterious effects. Accordingly, consistent with such decisions, the city intends by this chapter to prohibit public nudity within the city.
B. No person shall knowingly or intentionally, in a public place:
1. Engage in sexual intercourse,
2. Appear in a state of nudity,
3. Fondle his or her genitals or the genitals another person, or
4. Engage in specified sexual activities.
C. No person who owns, operates or otherwise controls a sexually oriented business shall permit, allow, hire, sponsor or employ any other person for the purpose of appearing in a state of nudity at any public building, public park or recreation area or public place.
D. The prohibition set forth in subsections B and C of this section shall not apply to:
1. Any child under ten (10) years of age;
2. Any individual exposing a breast in the process of breast feeding an infant less than two (2) years of age;
3. Any person while performing any excretory function within a public restroom;
4. Any person changing his or her clothing in a dressing room, the sole purpose of which is to provide personal privacy for such purposes; or
5. Any person while receiving medical or therapeutic treatment from any physician, paramedic, nurse or other medical practitioner licensed by the state of Idaho. (Ord. 411, 8-14-2002)