739.17 ADDITIONAL REGULATIONS.

   (a)   It shall be a violation of this Chapter for a person to knowingly and intentionally, in a public place:

      (1)   Engage in sexual intercourse or to engage in any sexual activity as defined in this Chapter or by the Ohio Revised Code; or

      (2)   Fondle the genitals of himself, herself or another person.

   (b)   For purpose of this Chapter, public place includes all outdoor areas owned by or open to the general public, and all buildings and enclosed places owned by or opened to the general public, including but not limited to, places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, and party rooms or halls restricted to adults or patrons invited to attend, whether or not an admission charge is levied. This section shall not apply to:

      (1)   Any child under ten (10) years of age; or

      (2)   Any individual exposing a breast in the process of breast feeding an infant under two (2) years of age; or

      (3)   The exercise of free speech or free expression in the form of artistic and theatrical performances. It is the intention of the City that 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.
(Ord. 020219-15. Passed 2-20-02.)