§ 10.5-152. Exemptions.

The prohibitions of section 10.5-151 above of this division shall not apply:

(1)

When a person appears nude in a place provided or set apart for nudity provided (i) such person is nude for the sole purpose of performing the legal function(s) that is(are) customarily intended to be performed within such place provided or set apart for nudity and (ii) such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity; or,

(2)

When the conduct of being nude cannot legally be prohibited by this division (i) because it constitutes a part of a bona fide live communication, demonstration, or performance by a person where such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a guide or pretense utilized to exploit nudity for profit or commercial gain and as such is protected by the United States or Florida Constitution or (ii) because it is otherwise protected by the United States or Florida Constitution.

(3)

When a mother bares her breast for the purpose of nursing a child under the age of two (2) years old.

(Ord. No. 92-31, § 5, 9-29-92)