§ 9-2602. PUBLIC NUDITY PROHIBITED.

(a)

Findings. The Council finds and determines that:

(1)

Public nudity is degrading to the moral fiber of the City of Fresno and to our minor youth.

(2)

Public nudity fosters an environment that attracts crime, degrades the quality of life in neighborhoods by creating visual blight and health hazards by attracting prostitutes and drug dealers to areas where public nudity occurs.

(3)

It is necessary for this Code to address the issue of minors who would be permitted to frequent strip clubs and other establishments who restrict nude dancing to less than twenty-five percent (25%) of a given dance performance.

(4)

Citizens of the City of Fresno including minors may be involuntarily subjected to nudity on public streets and in other public places.

(b)

Definitions. Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this section, and, except to the extent that a particular word or phrase is otherwise specifically defined in this section, the definitions and provisions contained in Article 2 of Chapter 1 of this Code shall also govern the construction, meaning, and application of words and phrases used in this section. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(1)

"Nudity" means the showing, with less than a fully opaque covering, of any of the following: the human male or female genitals, pubic hair, pubic area, any portion of the anal cleft or cleavage of the buttocks, and the portion of the human female breast directly and laterally below a point immediately above the top of the areola except as necessary to breast-feed an infant under five years of age. The covering of the female breast shall include the entire lower portion of the breast, but shall not include any portion of the cleavage of the breast, exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed.

(2)

"Public Place" means 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, business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership requirements).

(3)

"Place Provided or Set Aside for Nudity" means (i) single sex public restrooms, unisex bathrooms which are only to be occupied by members of one sex at a time, single sex public showers, single sex locker rooms, and single sex dressing room facilities, none of which allow visual observation of persons in a state of undress from outside the facility; (ii) enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, medical offices, hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and its sphere of privacy; and (iii) areas of a private residence where people have a reasonable expectancy of privacy.

(4)

The term "Place Provided or Set Aside for Nudity" shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or the profit of third parties.

(5)

"Theater, concert hall or auditorium devoted to theatrical performances" means a building, playhouse, room, hall or other place having fixed seats so arranged that a body of spectators can have an unobstructed view of a stage upon which constitutionally protected theatrical performances or similar form of artistic expression are presented.

(c)

It is unlawful for any person to knowingly or intentionally appear nude in a public place or in any other place that is readily visible to the public, except a place provided or set aside for nudity. It shall also be unlawful for any person or entity maintaining, owning, or operating any public place to knowingly, or with reason to know, permit or allow any person to appear nude in such public place, except a place provided or set aside for nudity. This subsection shall not apply to children under of thirteen years of age.

(d)

In the event that subsection (c) is determined by a court of competent jurisdiction to be invalid, preempted, or unconstitutional, persons under the age of eighteen years shall be prohibited from attending or being present during any live performances where any person appears nude during any part of the performance unless the minor is accompanied by a parent or legal guardian.

(e)

This section shall not apply to existing businesses which have previously been granted a conditional use permit which allows live nude entertainment in accordance with this Code's requirements for adult use businesses. This section shall also not apply to new adult oriented uses that are regulated and in compliance with Chapter 15-2705.

(f)

This section shall not apply to constitutionally protected theatrical performances or similar forms of artistic expression performed in theaters, concert halls, or auditoriums devoted to theatrical performances.

(g)

This section shall not apply to any act prohibited by state or federal law, or the prohibition of which is preempted by state or federal law.

(h)

A violation of this section shall be enforced as set forth in Section 1-304 of this Code.

(i)

Severability. If any subsection, sentence, clause, phrase, or term of this section is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The City Council of the City of Fresno hereby declares that it would have passed this section and each subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more of the subsections, sentences, clauses or phrases may be held invalid or unconstitutional.

(Added Ord. 2000-62, § 1, eff. 8-29-00; Am. Ord. 2001-31, § 1, eff. 5-2-01; Am. Ord. 2015-39, § 8, eff. 1-9-16).