[HISTORY: Adopted by the City Council of the City of Laconia
as indicted in article histories. Amendments noted where applicable.]
[Adopted 11-23-1998 by Ord. No. 10.98.10]
This article is adopted by the City of Laconia for the purpose
of upholding and supporting public health, public safety, morals and
public order. The conduct prohibited hereunder is deemed to be contrary
to the societal interest in order and morality. In addition, the prohibited
conduct has been widely found and is deemed to have harmful secondary
effects in places and communities where it takes place, including
crimes of various types and reduction of property values, not only
in the immediate vicinity, but on a community-wide basis.
A.Â
From and after the effective date of this article, it shall be unlawful
for any person to knowingly or intentionally, in a public place:
(1)Â
Engage in sexual intercourse;
(2)Â
Engage in deviate sexual conduct;
(3)Â
Appear in a state of nudity; or
(4)Â
Fondle the person's genitals or the genitals of another person.
(5)Â
Urinate, defecate or masturbate in a public place which can be viewed
by any person.
[Added 5-14-2001 by Ord. No. 01.2001.01]
A.Â
Notwithstanding the foregoing, the conduct prohibited hereunder shall not include conduct permitted as part of the operation of a sexually-oriented business pursuant to § 235-42 of the City of Laconia Zoning Ordinance, provided that such sexually-oriented business has been lawfully established and possesses all necessary land use approvals and other required permits at the time the conduct occurs.
For the purpose of this article, the following words shall be
defined as follows:
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering, or the showing
of the female breast with less than a fully opaque covering of any
part of the nipple.
Any public street, way, alley, parking area, park, common, beach
or other property or public institution of the City.
Any outdoor location, whether publicly or privately owned, which
is visible to the public at the time the prohibited conduct occurs.
Any area within any theater, hall, restaurant, food service
establishment, shopping mall, business, place of public accommodation
or other private property which is generally frequented by the public.
Any person who violates this article shall be fined $250 for
the first offense, $500 for the second offense and $1,000 for the
third and each successive offense. Each act of conduct prohibited
under this article, whether occurring at separate times on the same
day, or on different days, shall constitute a separate violation.
A.Â
It is specifically the intention of this article to prohibit as broad
a range of the defined conduct as may be lawfully accomplished. To
that end, the determination by a court of competent jurisdiction that
a given application of this article to certain specific conduct is
beyond the authority of the City shall not affect the validity of
other applications of the article that may be lawfully enforced.
B.Â
To the extent that any prohibition under this article is declared
overbroad by a court of competent jurisdiction, it is the declared
intention to apply the article in a constitutionally permissible manner.