Article 5. Offenses Against Public Decency

11-501.      Furnishing or allowing juveniles to use tobacco products.

Every adult who furnishes to a juvenile or who permits such juvenile to frequent any premises owned, held or managed by him for the purpose of indulging in the use of cigarettes, cigars or tobacco in any form, shall be guilty of a Class C misdemeanor.

11-502.      Deceptive commercial practices.

(a)   A deceptive commercial practice is the act, use of employment by any person of any deception, fraud, false pretense, false promise, or knowing misrepresentation of a material fact, with the intent that others shall rely thereon in connection with the sale of any merchandise, whether or not any person has in fact been misled, deceived or damaged thereby.

(b)   The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Merchandise means any objects, wares, goods, commodities, intangibles, real estate or services.

Sale means any sale, offer for sale, or attempt to sell any merchandise for any consideration.

(c)   This section shall not apply to the owner or publisher of any newspaper, magazine, or other printed matter wherein an advertisement appears, or to the owner or operator of a radio or television station which disseminates an advertisement, when such owner, publisher or operator had no knowledge of the intent, design or purpose of the advertisement.

(d)   Violation of this section is a Class B misdemeanor.

11-503.      Public nudity prohibited.

(a)   It is unlawful for any person to engage in public nudity within the corporate limits of the city. 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.

(b)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

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. The term “nudity” includes 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. The term “nudity” also means the showing, in a public place, of the covered male genitals in a discernibly turgid state.

Public place means any location frequented by the public, or where the public is present or likely to be present. The term “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).

11-504.      Permitting public nudity prohibited.

It is unlawful for any supervisor, manager, property owner, business owner, or employer to knowingly suffer or permit any person to engage in public nudity on premises under their control, or to knowingly suffer to permit any person to remain on such premises after that person has, while on the premises, engaged in public nudity.

11-505.      Public nudity; exceptions.

(a)   The provisions of section 11-503 shall not apply to any theatrical production that has serious literary, artistic scientific or political value.

(b)   The provisions of section 11-503 shall not apply to:

(1)   A child under the age of ten years;

(2)   A person appearing in a state of nudity modeling in an art class operated by:

(A)  A proprietary school licensed by the state;

(B)  A college, community college or university supported entirely or primarily by taxation;

(C)  An accredited private college or university; or

(D)  A non-profit educational or artistic organization:

(i)    Held within a structure in which no sign or advertising is visible on or from the exterior of the structure that indicates a nude person is available on the premises for viewing;

(ii)   Where, in order to attend, a student must enroll at least three days in advance; and

(iii)  Where no more than one nude model appears in the studio at one time.

(c)   The provisions of section 11-503 shall not apply to:

(1)   Enclosed single-sex public restrooms or restrooms designed for family use;

(2)   Enclosed single-sex functional baths, showers, locker and/or dressing room facilities;

(3)   Enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations; and

(4)   Medical facilities, hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home.

11-506.      Public nudity; penalty.

Upon conviction of a violation of sections 11-503 or 11-504, a person shall be guilty of a misdemeanor, and shall be punished by a fine of not more than $2,500.00 or one year of imprisonment, or both such fine and imprisonment.