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(A) It is intent of the city to prohibit the exploitation of human nudity for the purpose of advertising, selling, or otherwise promoting the economic interests of any type of business enterprise. It is also the intent of the city to further the government’s interest in avoiding the harmful secondary effects of this activity such as prostitution, sexual assaults, criminal activity, degradation of women, and other activities which break down family structure. This prohibition is not intended to extend to any expression of opinion or the performance of a bona fide play, ballet, or drama protected by the First Amendment of the Constitution of the United States or by Article I, Section 5 of the Constitution of the State of Nebraska.
(B) It shall be unlawful for a person to, knowingly or intentionally, in a public place or in any place open to the public, appear in a state of nudity.
(C) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
NUDITY. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering on any part of the areola and nipple, or the showing of covered male genitals in a discernibly turgid state.
(D) This section shall not apply to:
(1) Any theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of the art exhibit or performance; and/or
(2) Any dressing/changing room or restroom facility open to the public.
(1972 Code, § 6-344) (Ord. 980, passed 8-19-2003) Penalty, see § 130.99