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(a) It is unlawful for any person to knowingly or intentionally appear in a state of nudity in a public place.

(b) Definitions.

(1) “Nudity” means the showing of the human male or female genitals, anus, anal cleft or anal cleavage, or the showing of the female breast below a horizontal line across the top of the areola at its highest point with less than a fully opaque covering. This definition shall include the entire lower portion of the human 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.

(2) “Public place” means any location frequented by the public, or where the public is present or likely to be present, including but not limited to streets, avenues, highways, roads, waterways, stores, meeting facilities, or businesses and commercial establishments.

(3) “Places set apart for nudity” means public places outside of the home where nudity or exposure is necessary or customarily expected; including, but not limited to, public restrooms, enclosed single-sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor’s offices and portions of hospitals set apart for this purpose.

(c) The provisions of subsection (a) of this section shall not apply to:

(1) A child under the age of five years.

(2) A mother breastfeeding her child.

(3) Places set apart for nudity.

(4) Any theater, concert hall, art center, museum or similar establishment that is primarily devoted to the arts or theatrical performances and in which nudity is incorporated into the art exhibit or theatrical performance and is not a mere guise or pretense used to exploit the conduct of being nude for profit or commercial gain.

(5) Nudity incorporated into an educational curriculum at an accredited university, technical school or institution whose classes may transfer to an accredited university or technical school.

(d) Public nudity is a class C misdemeanor punishable by a sentence of imprisonment in the City jail not to exceed 30 days and/or a fine of not less than $1.00 or in excess of $499.00. (Ord. 19965 § 1, 8-18-15.)