§ 11-7. Public indecency.

(a)

It shall be unlawful for any person knowingly or intentionally in a public place to:

(1)

Engage in sexual activity; or

(2)

Appear in a state of nudity. Any person violating any of the prohibitions of this section shall, upon conviction, be guilty of an offense, punishable by a fine not exceeding five hundred dollars ($500.00) or by imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Each violation shall be considered a separate offense.

(3)

The provisions of subsection (a)(2) above shall not apply to restrooms, shower rooms, saunas, locker rooms, and facilities of state-licensed health care providers.

(b)

For purposes of this section, the following definitions shall apply:

Nudity means:

(1)

The actual or simulated display of the genitals, vulva, pubic area, anus, anal cleft or anal cleavage.

(2)

The actual or simulated display by a female of the area of the human breast directly below or laterally below the top of the areola.

Public place means any area, location or structure available to the general public or any segment thereof, including streets; any area, location or structure made available either temporarily or permanently for the assemblage of people; or any area, location or structure where members of the public are invited to go upon special or implied invitation.

Sexual activity means actual or simulated sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, or sadomasochistic abuse; actual physical contact with a person's clothed or unclothed genitals; pubic area or, if such person is a female, breast; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed.

(Ord. No. 91-32, § 1, 9-10-91)

Editor's note

Ordinance No. 11-7, § 1, adopted September 10, 1991, did not specifically amend the Code; hence, codification of such provisions as § 11-7 was at the discretion of the editor.