(A) Prohibited. A person who knowingly or intentionally does any of the following in a public place commits INDECENT EXPOSURE as defined by state law:
(1) Engages in sexual intercourse;
(2) Engages in sodomy as defined by state law;
(3) Appears in a state of nudity; or
(4) Fondles the genitals of himself, herself or another person.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NUDITY. The showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
PUBLIC PLACE. Includes all outdoor places owned by or open to the general public and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, bars, taverns, pubs, restaurants, casinos, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
(C) Exceptions. The prohibition set forth in division (A)(3) above shall not apply to:
(1) Any child under ten years of age; or
(2) Any individual exposing a breast in the process of breast feeding an infant under two years of age.
(Prior Code, § 11-1) (Ord. 920, passed 4-1-2002)