§ 5.68.240. Public nudity prohibited.

(a)

Public nudity is any person knowingly and intentionally, in a public place: (1) engaging in actual or simulated sexual intercourse, masturbation, sodomy, or any sex act which is prohibited by law, (2) appearing in a state of nudity; or (3) fondling the genitals of himself, herself, or another person. It is unlawful for any person to engage in public nudity within the corporate limits of the city.

(b)

Definitions.

(1)

"Nudity" means the showing, in a public place, of the human male or female genitals, anus, anal cleft or 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. "Nudity" also means the showing, in a public place, of the covered male genitals in a discernibly turgid state.

(2)

"Public place" means any location frequented by the public, or where the public is present or likely to be present. Public place includes but is not limited to, streets, sidewalks, parks, and business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement).

(Ord. No. 44-447 § 2)