[Ord. No. 97-9 §§1—6, 1-29-1997]
A.
NUDITY OR STATE OF NUDITY
1.
2.
3.
PUBLIC PLACE
Definitions. The following words and/or phrases shall have
the following meanings as set out herein:
The showing of the bare human male or female genitals or pubic
area with less than full opaque clothing covering; or
The showing of the female breast below a horizontal line across
the top of the areola, or a simulation thereof, at its highest point
with less than fully opaque clothing 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 or swim suit,
or other wearing apparel, provided the areola is not exposed in whole
or in part; or
The showing of the covered male genitals in a discernably turgid
state.
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The mother in the act of nursing her baby shall not be included
within this definition, nor shall any child under the age of seven
(7).
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Any location frequented by the public, or where the public
is present or likely to be present, or where a person may reasonably
be expected to be observed by members of the public. Public places
include, but are not limited to, streets, sidewalks, parks, beaches,
boats, barges, 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),
bottle clubs, hotels, motels, restaurants, night clubs, country clubs,
cabarets and meeting facilities utilized by any religious, social,
fraternal or similar organizations. Premises used solely as a private
residence, whether permanent or temporary in nature, and enclosed
motel and enclosed hotel rooms designed and intended for sleeping
accommodations shall not be deemed to be public places except where
or in a manner such that the person knows or has reason to know that
his state of nudity or conduct described in this Section is observable
by or in the presence of persons other than the occupants of the residence
or those for whom the sleeping accommodations in the enclosed motel
or hotel room are intended, nor shall the definition of "public
place" include nudity in places in which nudity is necessarily
and customarily expected outside the home including: enclosed single\sex
public restroom enclosed single-sex functional showers, locker and/or
dressing facilities, doctor's offices, portions of hospitals and similar
places.
B.
Whoever, in a public place, as defined in Subsection (A), knowingly or intentionally does any of the following:
1.
Engages in acts of, or simulated acts of, sexual intercourse, masturbation,
sodomy, bestiality, oral copulation, sadomasochism, excretory functions
or other ultimate sexual acts; or
2.
Appears in a state of nudity; or
3.
Caresses or fondles the buttock, anus, vulva, female breasts or genitals
of himself or another person;
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is guilty of a Class A misdemeanor.
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C.
Whoever, in a public place, as defined in Subsection (A), knowingly or intentionally performs any obscene, lewd, or lascivious dance shall be guilty of a Class A misdemeanor. Any person who performs any such dance in a state of nudity, as defined in Subsection (A), or who fails to conceal two-thirds (⅔) of the buttock with a fully opaque clothing covering shall be presumed to have performed such dance in violation of this Subsection, and the owner or operator of any establishment where such unlawful dance occurred shall be presumed to have permitted such violation, provided however, this presumption shall be rebuttable.
D.
The
provisions of this Section shall not apply to nudity as defined herein
when such nudity is in a theatrical production which is not obscene
as defined in Chapter 573, RSMo., which has serious artistic merit
and is performed within a fine arts theatre by a professional or amateur
theatrical company or musical company, provided that such production
is not in violation of other criminal statutes.
E.
Any
person convicted of a Class A misdemeanor set out above may be sentenced
to up to one (1) year in the County jail or fined up to one thousand
dollars ($1,000.00), per incident, or both.
F.
Enforcement
of this Section shall be the responsibility of the Prosecuting Attorney.
