[HISTORY: Adopted by the Town Board of the Town of Smithtown 1-23-1973 as L.L. No.
1-1973. Amendments noted where applicable.]
It shall be unlawful for any female to appear in public clothed
or costumed in such a manner that the portion of her breast below
the top of the areola is not covered with a fully opaque covering.
Any person shall be guilty of violating this section who, in any capacity,
knowingly directs, gives, manages, participates in, prepares or presents,
or who employs others so to do, any live public show in which a female
appears clothed or costumed in such a manner that the portion of her
breast below the top of the areola is not covered with a fully opaque
covering.
For the purpose of this chapter, the terms used herein are defined
as follows:
Any place to which the general public has a right to resort;
not necessarily a place devoted solely to the uses of the public,
but a place which is in point of fact public rather than private;
a place accessible to the public to gather or pass to and from.
A public show in which human actors, dancers or other performers,
employees or other persons appear in person before spectators or customers.
A bona fide drawing, painting, photography, sculpture or other art
class utilizing human models and admitting only participating instructors,
students and models shall not be deemed a "live public show."
Any entertainment or exhibition advertised or in other fashion
held out to be accessible to the public, whether or not an admission
or other charge is levied or collected; an entertainment or exhibition
shall be deemed a "public show" although access to it is only granted
to members of a club or other association when membership in such
organization is obtained upon the payment of an admission price or
contribution or token dues or other small fee and the organization
in fact exists primarily for sponsoring or arranging admissions to
such performances.
Any person found guilty of violating this chapter shall be subject
to imprisonment not to exceed 15 days or a fine, to be fixed by the
court, not to exceed $250, or both.
