10-10568 Public Nudity(Published in the Salina Journal on October 6, 2010.)
ORDINANCE NUMBER 10-10568
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE IV OF THE SALINA
CODE BY ADDING SECTIONS 25-74 AND 25-75 PERTAINING TO PUBLIC NUDITY.
w BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Sections 25-74 and 25-75 of Chapter 25, Article IV of the Salina Code are
a hereby added as follows:
"Sec. 25-74. Public nudity prohibited.
(a) It is unlawful for any person to knowingly and intentionally, in a public place:
(1) engage in actual or simulated sexual intercourse, masturbation, sodomy, or any sex
act which is prohibited by law,
(2) appear in a state of nudity, or
(3) fondle the genitals of himself, herself, or another person.
(b) Definitions. For the purposes of this section, the following terms shall have the
meanings respectively ascribed to them:
(1) Nudity means the showing of the human male or female genitals, anus, anal cleft or
cleavage, or the showing of the female breast below a horizontal line across the top
of the areola at its highest point with less than a fully opaque covering. This
definition shall include the entire lower portion of the human female breast, but
shall not include any portion of the cleavage of the human female breast exhibited
by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided
the areola is not exposed in whole or in part. Nudity also means the showing of the
covered male genitals in a discernibly turgid state.
Upon conviction of a violation of this section, a person shall be guilty of a misdemeanor.
(2) Public Place means any location frequented by the public, or where the public is
present or likely to be present. Public place includes, but is not limited to, streets,
sidewalks, parks, and businesses 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).
(c) Exceptions.
(1) The provisions of Sec. 25-74(a) shall not apply to any theater, concert hall, art
center, museum or similar establishment that is primarily devoted to the arts or
theatrical performances and in which nudity is incorporated into the art exhibit or
theatrical performance and is not a mere guise or pretense used to exploit the conduct
of being nude for profit or commercial gain.
(2) The provisions of Sec. 25-74(a)(2) shall not apply to:
(a) a child under the age of ten (10) years,
(b) a person appearing in a state of nudity modeling in an art class operated by:
(i) a proprietary school licensed by the state,
(ii) a college, community college or university supported entirely or primarily
by taxation,
(iii) an accredited private college or university, or
(iv) a non-profit educational or artistic organization:
a. held within a structure in which no sign or advertising is visible on or
from the exterior of the structure that indicates a nude person is
available on the premises for viewing,
b. where in order to attend a student must enroll at least three days in
advance, and
c. where no more than one nude model appears in the studio at one time,
(c) a mother breastfeeding her child, or
(d) licensed, adult-oriented businesses to the extent allowed in Article III of Chapter
6.
Upon conviction of a violation of this section, a person shall be guilty of a misdemeanor.
i
n
Sec. 25-75. Permitting public nudity prohibited.
It is unlawful for any, supervisor, manager, property owner, business owner, or employer to
knowingly permit any person to engage in public nudity as set Porth in Section 25-74 on
premises under their control, or to knowingly permit any person to remain on such premises
after that person has, while on the premises, engaged in public nudity as set forth in Section
25-74.
Upon conviction of a violation of this section, a person shall be guilty of a misdemeanor."
Section 2. That existing Sections 25-74 and 25-75 are hereby added.
Section 3. That this ordinance shall be in full force and effect from and after its adoption
and publication once in the official city newspaper.
[SEAL]
ATTEST:_ IQQ QQ ^^
�lNl
Lieu Ann Elsey, CMC, City Ckrk
Introduced: September 27, 2010
Passed:October 4, 2010
&_G V,
AaroG. Peck, Mayor