It is hereby declared a policy of the Village of Fonda, New
York, that in order to preserve public peace and good order and to
safeguard the health, safety, welfare and morals within the area of
the incorporated Village of Fonda, it is appropriate to regulate and
control the exposure of a person or the promoting of the exposure
of a person in a public place.
As used in this article, the following terms shall have the
meanings indicated:
ENTITY
Any person, proprietorship, partnership, corporation, association,
business trust, joint venture, joint stock company, or other for profit
or not-for-profit organization.
NUDE
The showing of:
A.
Human male or female genitals or pubic area with less than fully
opaque covering; or
B.
Any portion of the anal cleft or cleavage of the male or female
buttocks. Attire that is insufficient to comply with this includes,
but is not limited to, G-strings, T-backs, thongs or any other closing
or covering that does not completely and opaquely cover the anal cleft
or cleavage of the male or female buttocks; or
C.
The portion of the female human breast directly or laterally
below a point immediately above the top of the areola with less than
a fully opaque covering (this definition shall include the entire
lower portion of the female breast, but shall not include any portion
of cleavage of the human female breast exhibited by a dress, blouse,
shirt, leotard, bathing suit or other clothing, provided the areola
is not exposed and shall not apply to the breastfeeding of infants);
or
D.
Human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
PERSON
Any live human being 16 years of age or older.
PLACE PROVIDED OR SET APART FOR NUDITY
Enclosed single-sex public rest rooms, enclosed single-sex
functional shower, hotel rooms designated and intended for sleeping
accommodations, medical offices, portions of hospitals, art studios,
and similar places in which nudity or exposure is necessarily and
customarily expected outside of the home and within the sphere of
privacy constitutionally protected. This term shall not be deemed
to include places where a person's conduct of being nude is used
for the promotion of business or is otherwise utilized commercially.
PUBLIC PLACE
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 a member of the public.
It shall be unlawful for any person, knowingly or intentionally,
to appear nude in a lewd or indecent manner in a public place or in
any other place readily visible to the public, except a place provided
or set apart for nudity as defined in this article. It shall be unlawful
for any person or entity maintaining, owning, or operating any public
place to operate and to knowingly, or with reason to know, permit
or allow any person to appear nude in a lewd or indecent manner in
such public place, except a place provided or set apart for nudity
as defined in this article.
Any person or entity convicted of violation of this article
for a first offense shall be guilty of a violation and subject to
a fine not exceeding $250 and/or to be imprisoned for a term not exceeding
15 days; for a second offense within one year shall be guilty of a
violation and subject to a fine not exceeding $500 and/or be imprisoned
for a term not exceeding 30 days; and for a third violation within
one year shall be guilty of a misdemeanor and subject to a fine not
exceeding $1,000 and/or be imprisoned for a term not exceeding 60
days.
This article shall not be deemed to address photographs, movies,
video presentations, or any other non-live performances.
Any Justice of the Village of Fonda or of the Town of Mohawk
shall have jurisdiction to hear and determine any prosecution for
alleged violation of this article.
This article shall be enforced by any law enforcement agency
or by such persons as appointed by the Board of Trustees of the Village
of Fonda.