Chapter 8.55
UNLAWFUL PUBLIC EXPOSURE
Sections:
8.55.020 Unlawful public exposure prohibited – Facilitation.
8.55.030 Exceptions to unlawful public exposure.
8.55.040 Affirmative defenses.
8.55.050 Penalties and enforcement.
8.55.010 Definitions.
Unless the context clearly requires otherwise, the definitions used in this chapter shall have the following meanings:
“Expose or exposure” means to reveal or otherwise render open to view in a public place.
“Full and opaque covering” means material which is securely attached over or around the shoulders, neck or back, and which is not transparent or translucent. Body paint, body dye, tattoos, liquid latex whether wet or dried, or any similar substance applied to the skin surface shall not be considered opaque covering. Any substance which can be washed off the skin is not full and opaque covering as required by this chapter.
“Prohibited body parts,” for purposes of this chapter, means exposure of:
1. Any part of the male or female genitals, or anus; or
2. More than one-half of the female breast by area; or
3. Any part of the areola or nipple of the female breast.
“Public place” means an area visible to public view, including any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee. (Ord. 13-018 § 2, 2013).
8.55.020 Unlawful public exposure prohibited – Facilitation.
It shall be unlawful for any person:
A. To knowingly expose a prohibited body part in a public place without a full and opaque covering.
B. Who owns, manages, or operates any retail sales or retail service business to knowingly facilitate, permit, encourage, or cause to be committed whether by commission or omission, another person to expose a prohibited body part in a public place without a full and opaque covering. (Ord. 13-018 § 2, 2013).
8.55.030 Exceptions to unlawful public exposure.
The prohibitions set forth in SVMC 8.55.020 shall not apply to the following:
A. Breastfeeding or expressing milk, regardless of where it occurs;
B. Use of public places where privacy is customary, including but not limited to bathrooms, saunas, and changing rooms associated with licensed businesses;
C. Classes, seminars or lectures conducted for scientific or education purposes, including but not limited to art classes and medical classes;
D. Businesses where medical procedures occur;
E. Children under the age of 10 years;
F. A play, television broadcast, or other dramatic work; and
G. Conduct that is subject to regulation pursuant to Chapter 5.10 SVMC, Adult Entertainment Establishments. (Ord. 13-018 § 2, 2013).
8.55.040 Affirmative defenses.
It is an affirmative defense to prosecution for a violation of SVMC 8.55.020 that the unlawful public exposure, when considered in the context in which it was presented, provided actual literary, artistic, political, or scientific value and was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient interest. (Ord. 13-018 § 2, 2013).
8.55.050 Penalties and enforcement.
A violation of SVMC 8.55.020 is a misdemeanor and shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed 90 days, or both. (Ord. 13-018 § 2, 2013).