§ 10.5-150. Definitions.

The following terms, when used in this division, shall have the meanings [respectively ascribed to them]:

Breast: A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of such gland where in such outside area (i) is reasonably compact and contiguous to the areola and (ii) contains at least the nipple and the areola and one-fourth (¼) of the outside surface area of such gland.

Buttocks: (For a short general description see the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being one-half (½) inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being one-half (½) inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two (2) imaginary straight lines, one on each side of the body (the "outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point(s) at which each nate meets the outer side of each leg. Notwithstanding the above, "buttocks" shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either (i) the left inside perpendicular line and the left outside perpendicular line or (ii) the right inside perpendicular line and right outside perpendicular line. For the purpose of the previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is one-third ( 1/3 ) of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that perpendicular to the ground and to the horizontal lines described above and (ii) that is one-third ( 1/3 ) of the distance from the anus to the right outside line. (The above description can generally be described as covering one-third ( 1/3 ) of the buttocks centered over the cleavage for the length of the cleavage.)

Entity: Any proprietorship, partnership, corporation, association, business trust, joint venture, joint-stock company or other for profit and/or not for profit organization.

Nude: Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering:

(1)

The male or female genitals;

(2)

The male or female pubic area;

(3)

The female breast (see the last sentence in this definition); or

(4)

The buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, dental floss, and thongs.

Body paint, body dyes, tattoos, and similar substances shall not be considered opaque covering. Each female person may determine which one-fourth (¼) of her breast surface area (see definition of "breast") contiguous to and containing the nipple and the areola is to be covered.

Person: Any live human being ten (10) years of age or older.

Places provided or set apart for nudity: Shall mean enclosed public restrooms, enclosed functional shower and locker room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally projected therein. This term shall not be deemed to include places where being nude is used for profit or for the promotion of business or is otherwise commercially exploited.

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; 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 organization. Premises, or portions thereof, such as hotel rooms used solely as a private residence, whether permanent or temporary in nature, shall not be deemed to be a public place.

(Ord. No. 92-31, § 3, 9-29-92)