[Ord. No. 97-9 §§1—6, 1-29-1997]
A. 
Definitions. The following words and/or phrases shall have the following meanings as set out herein:
NUDITY OR STATE OF NUDITY
1. 
The showing of the bare human male or female genitals or pubic area with less than full opaque clothing covering; or
2. 
The showing of the female breast below a horizontal line across the top of the areola, or a simulation thereof, at its highest point with less than fully opaque clothing covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing or swim suit, or other wearing apparel, provided the areola is not exposed in whole or in part; or
3. 
The showing of the covered male genitals in a discernably turgid state.
The mother in the act of nursing her baby shall not be included within this definition, nor shall any child under the age of seven (7).
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 members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches, boats, barges, business and commercial establishments (whether for profit or not-for-profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement), bottle clubs, hotels, motels, restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any religious, social, fraternal or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, and enclosed motel and enclosed hotel rooms designed and intended for sleeping accommodations shall not be deemed to be public places except where or in a manner such that the person knows or has reason to know that his state of nudity or conduct described in this Section is observable by or in the presence of persons other than the occupants of the residence or those for whom the sleeping accommodations in the enclosed motel or hotel room are intended, nor shall the definition of "public place" include nudity in places in which nudity is necessarily and customarily expected outside the home including: enclosed single\sex public restroom enclosed single-sex functional showers, locker and/or dressing facilities, doctor's offices, portions of hospitals and similar places.
B. 
Whoever, in a public place, as defined in Subsection (A), knowingly or intentionally does any of the following:
1. 
Engages in acts of, or simulated acts of, sexual intercourse, masturbation, sodomy, bestiality, oral copulation, sadomasochism, excretory functions or other ultimate sexual acts; or
2. 
Appears in a state of nudity; or
3. 
Caresses or fondles the buttock, anus, vulva, female breasts or genitals of himself or another person;
is guilty of a Class A misdemeanor.
C. 
Whoever, in a public place, as defined in Subsection (A), knowingly or intentionally performs any obscene, lewd, or lascivious dance shall be guilty of a Class A misdemeanor. Any person who performs any such dance in a state of nudity, as defined in Subsection (A), or who fails to conceal two-thirds (⅔) of the buttock with a fully opaque clothing covering shall be presumed to have performed such dance in violation of this Subsection, and the owner or operator of any establishment where such unlawful dance occurred shall be presumed to have permitted such violation, provided however, this presumption shall be rebuttable.
D. 
The provisions of this Section shall not apply to nudity as defined herein when such nudity is in a theatrical production which is not obscene as defined in Chapter 573, RSMo., which has serious artistic merit and is performed within a fine arts theatre by a professional or amateur theatrical company or musical company, provided that such production is not in violation of other criminal statutes.
E. 
Any person convicted of a Class A misdemeanor set out above may be sentenced to up to one (1) year in the County jail or fined up to one thousand dollars ($1,000.00), per incident, or both.
F. 
Enforcement of this Section shall be the responsibility of the Prosecuting Attorney.