§ 15-17. Public nudity prohibited.

(a)

Purpose. The purpose of this section is to protect and secure the public health, safety and general welfare of persons and property through the prohibition of public nudity within the city.

(b)

Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Public nudity means the knowing or intentional display on private property that is open to the public, or for payment or promise of payment by any person including, but not limited to, payment or promise of an admissions fee, of:

a.

Any individual's genitals or anus with less than a fully opaque covering; or

b.

A female individual's breast with less than a fully opaque covering of the nipple and areola.

Public nudity does not include any of the following:

a.

A woman's breastfeeding of a baby, whether or not the nipple or areola is exposed during or incidental to the feeding.

b.

Material as defined in Section 2 of 1984 PA 343, MCLA 752.362 as amended.

c.

Sexually explicit visual material as defined in Section 3 of 1978 PA 33, MCLA 722.673, as amended.

(c)

Public nudity prohibited. No person shall engage in public nudity. No business establishment, including, but not limited to owners, officers, persons in charge of or control of the premises shall permit persons to engage in public nudity.

(Ord. No. 2004-40, 5-24-04)