[HISTORY: Adopted by the Village Board of Trustees of the
Village of Lima 4-27-1993 by L.L.
No. 2-1993. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Public
Exposure Law of the Village of Lima, New York."
A.
The intent of this chapter is to regulate the commercial or profit-generating
public exposure of portions of the human body in public places within
the Village of Lima. It is the finding and the opinion of the Board
of Trustees of the Village of Lima and the community-at-large that
display of one or more portions of the human body ordinarily or customarily
covered or clothed when in a public place, including the genitalia
and the portion of the female breast that is below the top of the
areola, is not a practice common or generally acceptable to the community
or the average residents of the Village of Lima.
B.
The Board of Trustees further notes that the Village of Lima is almost
exclusively residential in nature, with a small commercial use zoning
district surrounded by residential properties and several nonconforming
commercial use buildings or structures, predating zoning and interspersed
among residential properties. It is further recognized that a majority
of commercial buildings contain one or more residential apartment
units.
C.
The Board of Trustees enacts this chapter for the purpose of protecting
and maintaining the neighborhood character and the peaceful, residential
nature of the Village and its neighborhoods, and to prevent or limit
additional parking demands that cannot be met on site, and traffic
or similar congestion and noise and nuisance often accompanying organized
and deliberate displays or showings of public exposure.
As used in this chapter, the following terms shall have the
meanings indicated:
The deliberate or intentional uncovered or exposed display
for commercial or profit-generating purposes or nonprivate motivation
of one or more portions of the human body ordinarily or customarily
covered or clothed when in a public place, including the genitalia
and the portion of the female breast that is below the top of the
areola.
The Village of Lima, New York.
A male or female of an age sufficient to understand the inappropriate
display of parts of the human body, and of an age when such display
is voluntarily regulated by said person.
A place to which the public or a substantial group of persons
have access or where persons routinely or normally gather, including,
but not limited to, places of amusement, restaurants, bars, taverns,
lounges, discotheques, lobbies or other portions of hotels or apartments
not constituting rooms or apartments designed for actual residence.
A.
Within 400 feet of any dwelling or residence, it shall be unlawful
for any person, whether or not such person is entertaining or performing
in a dance, play, exhibition, show or entertainment, to deliberately
expose or display without opaque covering in any bar, restaurant,
tavern, place of amusement or public place within the Village of Lima,
in the presence of the public or of patrons of such establishments,
any portion of the human body ordinarily or customarily covered or
clothed when in a public area, particularly the genitalia and that
portion of the female breast that is below the top of the areola.
This regulation is expressly intended to prohibit within the specified
area mentioned the commercial or profit-generating display or exposure
of the human body.
B.
Notwithstanding the foregoing, the incidental exposure of all or
part of the female breast concurrently with the breastfeeding of an
infant child by that person; or private, noncommercial display of
any part of the body in a setting not intended to or resulting in
or promoting the sale of beverages or foods or to deliberately draw
public crowds for commercial or profit-generating purposes shall not
be prohibited by this chapter.
It shall be unlawful for any person, business entity or corporation
conducting a public meeting or public assembly or maintaining or operating
a bar, restaurant, tavern, place of amusement, discotheque or any
public place within the Village of Lima to knowingly permit, allow
or promote the bodily exposure of any waiter or waitress, barmaid,
entertainer or other person who appears before the public or patrons
of such establishment, whether or not such person is entertaining
or performing in a dance, play, exhibition, show or entertaining,
so as to display the genitalia or that portion of the female breast
below the top of the areola.
A.
Any person, firm or corporation found to be violating any provision
of this chapter shall be guilty of a violation and, upon conviction
thereof, shall be fined in the amount not to exceed $250, or imprisonment
for a period not to exceed 15 days, or both.
B.
A "separate offense" shall be construed as each event of such unclothed
or uncovered bodily exposure separated by a measurable lapse of time
of at least five minutes, such that, for example, two showings in
a single day shall constitute two separate offenses.
