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(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) NUDE. The exposure of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the exposure of the female breast or breasts with less than a fully opaque covering any portion thereof below the top of the areola, but shall not include any portion of the buttocks or the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other worn apparel, provided the entire anal cleft of the buttocks or the areola of the female breast is not exposed.
(2) PUBLIC PLACE. Any place where conduct or activity may be viewed or reasonably expected to be viewed by other persons who do not own or lawfully reside on the property where the conduct or activity is taking place, or who are not invitees or guests on said property. However, any pool or area located on private property enclosed by a fence or wall of a minimum height of six feet, where lawfully permitted, and consisting of solid-view screening which obscures or prevents visibility between both sides of the barrier, and which does not include chain-link fencing material, shall not be considered to be a public place unless, notwithstanding said fence, the property is situated in a manner such that conduct or activity on the property may still be viewed or reasonably expected to be viewed by the aforementioned other persons.
(B) It shall be unlawful for any person to bathe, sunbathe, wash, or swim in a nude condition in the ocean or in any river, bay, lake, pond, pool or public place within the corporate limits of the city.
('58 Code, § 31.03) (Am. Ord. 2003-2, passed 10-8-02) Penalty, see § 10.99