[Adopted 9-15-1970 by L.L. No. 1-1970;
amended in its entirety 4-18-2000 by L.L. No. 6-2000]
A.Â
Notwithstanding anything contained in Chapter 213, Article XXXI, of this Code to the contrary, a person is guilty of exposure if he or she appears in a public place, as defined in New York State Penal Code § 240.00, in such a manner that the private or intimate parts of his or her body, as defined in New York State Penal Code § 245.01, are unclothed or exposed.
B.Â
This section shall not apply to the breastfeeding
of infants.
C.Â
This section shall apply to the exposure of a person,
as herein defined, in a public place, at any time, whether or not
such person is entertaining or performing in a play, exhibition, show
or entertainment.
A.Â
Notwithstanding anything contained in Chapter 213, Article XXXI, of this Code to the contrary, a person is guilty of promoting the exposure of a person when he or she knowingly conducts, maintains, owns, manages, operates or furnishes any public premises or place where a person in a public place, as defined in New York State Penal Code § 240.00, appears in such a manner that the private or intimate parts of his or her body, as defined in New York State Penal Code § 245.02, are unclothed or exposed.
B.Â
This section shall not apply to the breastfeeding
of infants.
C.Â
This section shall apply to the exposure of a person,
as herein defined, in a public place, at any time, whether or not
such person is entertaining or performing in a play, exhibition, show
or entertainment.
A person is guilty of public urination if, in
a public place, as defined by New York State Penal Code § 240.00,
he or she shall urinate other than in a urinal or toilet.
[Amended 11-6-2008 by L.L. No. 28-2008; 4-27-2022 by L.L. No. 10-2022]
Any person found guilty of violating this article
shall be guilty of a Class B misdemeanor and, upon conviction thereof,
a fine of not less than $250 nor more than $1,000 must be imposed
or a term of imprisonment for a period not to exceed 90 days may be
imposed, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, shall be guilty of a Class B misdemeanor and, upon
conviction, a fine of not less than $1,000 nor more than $2,500 must
be imposed or a term of imprisonment for a period not to exceed 90
days may be imposed, or both; and, upon conviction for a third or
subsequent offense, all of which were committed within a period of
five years, shall be guilty of a Class B misdemeanor and a fine of
not less than $2,500 nor more than $5,000 must be imposed or a term
of imprisonment for a period not to exceed 90 days may be imposed,
or both. Any person found by the Bureau of Administrative Adjudication
to have violated this article shall likewise be subject to a monetary
penalty in an amount within the range of fines authorized herein for
a first offense and subsequent offenses.
If any clause, sentence, paragraph, subdivision,
section or other part of this article shall for any reason be adjudged
by any court of competent jurisdiction to be unconstitutional or otherwise
invalid, such judgment shall not affect, impair or invalidate the
remainder of this article, and it shall be construed to have been
the legislative intent to enact this article without such unconstitutional
or invalid parts therein.
