(a) No person shall participate in a live act, demonstration, performance, play, skit, dance or other exhibition performed before a live audience, in a public place or place open to the public, whether or not a fee is charged for admission, and recklessly do any of the following:
(1) Expose his or her genital, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;
(2) Expose any device, costume or covering which gives the appearance or simulates the genitals, pubic hair, buttock, natal cleft, perineum, anal region or pubic hair region;
(3) Expose any portion of the female breasts at or below the areola thereof.
(b) No person shall cause, permit, solicit, procure, aid or abet, counsel or assist any person to commit an offense as prohibited in subsection (a) hereof.
(c) Nothing contained in this section shall be construed to apply to the exhibition, presentation, showing or performance of any play, ballet, drama, tableau, or production in any theater, concert hall, museum of fine arts, school, institution of higher learning or similar establishment which is primarily devoted to such exhibitions, presentations, shows or performances as a form of expression of opinion, communication, speech, ideas, information, art or drama as differentiated from commercial or business advertising, promotion or exploitation of nudity for the purpose of advertising, promotion, selling or serving products or services or otherwise advancing the economic welfare of a commercial or business enterprise such as a hotel, motel, bar, nightclub, restaurant, tavern or dance hall.
(d) Whoever violates this section is guilty of a misdemeanor of the third degree.
(1952 Code § 17-9-120; Ord. 94-79.)