[HISTORY: Adopted by the Board of Trustees of the Village of Fort
Plain 5-21-1996 by L.L. No. 2-1996. Amendments
noted where applicable.]
It is hereby declared a policy of the Village of Fort Plain, New York,
that in order to preserve public peace and good order and to safeguard the
health, safety, welfare and morals within the incorporated areas of the Village
of Fort Plain, it is necessary to regulate and control the exposure of persons
or the promoting of the exposure of persons in a public place.
As used in this chapter, the following terms shall have the meanings
indicated:
An individual, partnership, club, association, corporation, society
or any other organized group of persons, and shall include the officers, directors,
stockholders and trustees of a club, corporation, association or society.
A place to which the public or a substantial group of persons has
access, and includes but is not limited to highways, transportation facilities,
schools, places of amusement, parks, playgrounds, restaurants, nightclubs,
cocktail lounges, bars, taverns and similar establishments, as well as hallways,
lobbies and other portions of apartment houses and hotels not constituting
rooms or apartments designed for actual residence.
The incorporated area of the Village of Fort Plain in the County
of Montgomery and State of New York.
It shall be unlawful for any person to knowingly conduct, maintain,
own, manage or furnish any public premises or place where a person in a public
place appears in such a manner that the private or intimate parts of such
person's body are unclothed or exposed, whether or not such person is
entertaining or performing in a play, exhibition, show or entertainment. For
purposes of this section the private or intimate parts of a female person
shall include that portion of the breast which is below the top of the areola.
This section shall not apply to the breastfeeding of infants or to persons
engaged in constitutionally protected expressive conduct.
It shall be unlawful for any person to appear in a public place in such
a manner that the private or intimate parts of such person's body are
unclothed or exposed. For purposes of this section the private or intimate
parts of a female person shall include that portion of the breast which is
below the top of the areola. This section shall not apply to the breastfeeding
of infants or to persons engaged in constitutionally protected expressive
conduct.
Any person who shall violate any provision of this chapter shall be
guilty of an offense punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both. Each day of continued violation shall
constitute a separate additional violation. For the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations of this
chapter shall be deemed misdemeanors, and for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations.
