A. Offense Committed: A person commits the offense of public indecency if they knowingly or intentionally, in a public place:
1. Engage in sexual intercourse;
2. Engage in deviate sexual conduct;
3. Appear in a state of nudity;
4. Make a lewd exposure of the body done with the intent to arouse or to satisfy the sexual desire of the person; or
5. Fondle their own genitals or those of another person.
B. Definitions:
NUDITY: The showing of the human male or female genitals, pubic area, female breasts with less than a full opaque covering below a point immediately above the top of the areola, human male genitals in a discernibly turgid state, even if completely and opaquely covered, or that portion of the buttocks which would be covered by a properly worn "thong" type bikini bottom.
PUBLIC PLACE: Any location frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, business and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by a coverage charge or membership requirement), hotels, motels, restaurants, nightclubs, country clubs, cabarets, and meeting facilities utilized by social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed a public place. Public places shall not include enclosed single sex public restrooms; enclosed single sex functional showers, locker and/or dressing room facilities; enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations; doctors' offices; churches, synagogues or similar places when used for circumcisions, baptisms or similar religious ceremonies; portions of hospitals; and similar places in which nudity or exposure is necessarily and customarily expected outside of the home; nor shall it include a person appearing in a state of nudity in a modeling class operated by a proprietary school licensed by the state or by a college, junior college or university supported entirely or partly by taxation or by a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or a university supported entirely or partly by taxation or an accredited private college. (Ord. 3204, 11-15-2004)