Title 9 PUBLIC PEACE, MORALS AND WELFARE
Chapter 9.12 OFFENSES AGAINST PUBLIC PEACE AND DECENCY
9.12.080 Public indecency.
A. It is unlawful for any person, in a public place, to
knowingly or intentionally:
1. Engage in an act of sexual intercourse;
2. Engage in an act of deviate sexual intercourse;
3. Fondle the genitals of himself, herself or another person;
or
4. Appear in a state of nudity.
B. For purposes of this section, “nudity” means:
the showing of the human male or female genitalia, pubic hair or buttocks with
less than a fully opaque covering; the showing of the female breast with less
than a fully opaque covering of any part of the nipple; the exposure of any
device, costume or covering which gives the appearance of or simulates the
genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region;
or the exposure of any device worn as a cover over the nipples and/or areola of
the female breast, which device simulates and gives the realistic appearance of
nipples and/or areola.
C. For purposes of this section, “public place”
includes all outdoor places owned by or open to the general public, and all
buildings and enclosed places owned by or open to the general public, including
places of entertainment, taverns, restaurants, clubs, theaters, dance halls,
banquet halls, party rooms or halls limited to specific members, restricted to
adults or to patrons invited to attend, whether or not an admission charge is
levied.
D. The prohibition set forth in subsection (A)(4) of this
section shall not apply to any child under ten years of age, or to any
individual exposing a breast in the process of breastfeeding an infant under two
years of age. (Ord. 2000-17 § 1)