[Amended 10-5-1998 by Ord. No. 259]
A. Restricted. No person shall engage in public nudity, except where
such conduct is:
(1) Part
of, or done in connection with, an educational program or course conducted
by an institution of higher education on property controlled by such
institution and in an area where such conduct is not visible to persons
outside of the program or course; or
(2) Part
of a theatrical or dramatic performance held in a theater or auditorium
where such conduct is not visible to people outside of the theater
or auditorium.
B. Definitions. For the purpose of this section, the following terms
shall have the definitions ascribed to them in this subsection.
PUBLIC NUDITY
Knowingly or intentionally displaying in a public place,
or for payment or promise of payment by any person including, but
not limited to, payment or promise of payment of an admission fee,
any individual's genitals or anus with less than a fully opaque covering,
or a female individual's breast with less than a fully opaque covering
of the nipple and areola. Public nudity shall not include any of the
following:
(1)
A woman's breastfeeding of a baby whether or not the nipple
or areola is exposed during or incidental to the feeding;
(2)
Material as defined in Section 2 of Act No. 343 of the Public
Acts of 1984, being § 752.362 of the Michigan Compiled Laws;
(3)
Sexually explicit visual material as defined in Section 3 of
Act No. 33 of the Public Acts of 1978, being § 722.673 of
the Michigan Compiled Laws.
PUBLIC PLACE
Any real property or an appurtenance to real property that
is owned or leased by the State of Michigan, any local unit of government
of the State of Michigan, a public agency, or by a college or university
of the State of Michigan and may include a structure, enclosure, facility,
or complex, including a court, mall, park, or other area, feature,
or element; a "public place" shall also mean a business or an educational,
refreshment, entertainment, recreation, health, or transportation
facility, or institution of any kind, whether licensed by any agency
of government or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold, or otherwise
made available to the public.
No person shall keep or maintain any common gambling house or
gaming room, or permit, on any premises owned, occupied or controlled
by such person, any apparatus or device used for a gaming or gambling
purpose. No persons shall possess any policy or pool slips, tickets,
checks or any paper which is marked additionally with any kind of
notation indicating any form of gambling unless said paper is specifically
licensed by the state. The position of such writing or device shall
constitute prima facie evidence of an intention to use the device
for a gambling purpose.