As used in this chapter, unless the context otherwise requires, the following definitions shall apply:
"Public place." A place to which the public or substantial group of persons has access and includes but is not limited to highways, transportation facilities, schools, places of amusement, places of entertainment, places of business, parks, playgrounds, bars restaurants, saloons and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designated for actual residence. An act is deemed to occur in a public place if it produces its offenses or prescribed consequences in a public place.
(Ord. 97-0902, passed 10-6-97)
(A) No person shall appear in any public place in such a manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals, or any simulation thereof, or for any female to appear in such a manner or attire as to expose to view the portion of the breasts below a horizontal line across the top of the areola at its highest point or simulation thereof. This shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel; provided, the areola is not exposed in whole or in part.
(B) No person, corporation, partnership, or other entity who owns, manages, or controls any property, and no retail licensee or holder of an entertainment permit, shall permit or allow any person to appear in any public place in such a manner or attire as to expose to view any portion of the pubic area, anus, vulva, or genitals, or any simulation thereof, or for any female to appear in such a manner or attire to expose to view the portion of the breasts below a horizontal line across the top of the areola at its highest point or simulation thereof. This shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse shirt, leotard, bathing suit, or other wearing apparel; provided, the areola is not exposed in whole or in part.
(Ord. 97-0902, passed 10-6-97)
(A) Any person, corporation, partnership or other entity who violates this chapter shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10) nor more than two hundred fifty dollars ($250) or imprisonment for a term not to exceed ninety (90) days or both.
(B) In addition to § 132.99(A), the Mayor shall revoke the business license of any person or establishment convicted of violating this ordinance.
(Ord. 97-0902, passed 10-6-97)
Cross - reference:
See Nude or Nearly Nude Activities in Establishments with Retail Drink Liquor License, § 111.15 - 111.19