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(a) Definitions.

(1) Indecent act defined: As used in this section, "indecent act" means the exposure by any person of that person's genitals, parts thereof, any pubic area or buttocks; or the exposure of a female breast or breasts below the top of the areola.

(2) "Public place," as used in this section, means any place open to the public, or at a place in other circumstances where such act could be observed by any member of the public or at any place where the public is invited, or at any place where any fee charge or other consideration is requested or paid for the purpose of participating in or observing a performance of any indecent act.

(b) Unlawful Conduct.

(1) It is unlawful for any person to perform an indecent act in a public place.

(2) It is unlawful for any person, firm or corporation to own, manage or otherwise conduct a place of business where any indecent act occurs.

(3) It is unlawful for any person to pay any fee, charge or other consideration for the purpose of participating in or observing a performance of any indecent act.

(c) Penalties. Any person violating any of the provisions of this section is guilty of a misdemeanor and upon conviction shall be punished by a fine of a sum not exceeding five hundred dollars, or six months in jail, or both.

A person is guilty of a separate offense for each day during which he or she commits or continues a violation of any provision of this section.

(d) Defenses. It shall be the defense of a charge brought under this section that the otherwise unlawful act complained of was incidental to the performance of a play or dance, the performance of which has as its dominant purpose the portrayal of a work of literary, artistic, political or scientific value and in which the nudity or seminudity complained of comprised only an incidental portion of the play or dance. (Ord. 782 § 1, 1982; Ord. 341, 1965; Ord. 235 Art. 7 § 1, 1959.)