The purpose of this chapter is to prevent the exposure of the human
body and to prevent promotion of the exposure of the human body when that
exposure is done in an obscene or lewd manner.
As used in this chapter, the following terms shall have the meanings
indicated:
BOTTOMLESS
Any manner of dress in which a person appears with less than completely
and opaquely covered human genitals and/or pubic region.
LEWD or OBSCENE
As defined by the laws of the State of New York or the Penal Law
of the State of New York.
PERSON
Any person, firm, partnership, corporation, association or legal
representative acting individually or jointly.
SPECIFIED ANATOMICAL AREAS
A.
Less than completely and opaquely covered human genitals, pubic region
or female breast below a point immediately above the top of the areola.
B.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
A.
Human genitals in a state of sexual stimulation or arousal.
B.
Acts of human masturbation, sexual intercourse or sodomy.
C.
Fondling or other erotic touching of human genitals, pubic region, buttock
or female breast.
D.
Acts of a nature involving the sexual touching of humans and animals.
TOPLESS
Any manner of dress in which a female appears with the breast region
exposed below a point immediately above the top of the areola.
It shall be unlawful for a person to promote the obscene or lewd exposure of another person as provided in §
121-3 when that person knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where:
A. 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 or a female appears or conducts herself as prohibited and set forth and defined in §
121-2 as bottomless, specified anatomical areas, specified sexual activities or topless.
B. A male appears or conducts himself as prohibited and set forth and defined in §
121-2 as bottomless, specified anatomical areas or specified sexual activity.
The conduct prohibited in §§
121-3 and
121-4 of this chapter shall be prohibited whether or not such person is entertaining or performing in a play, exhibition, show or entertainment and the conduct is obscene or lewd.