§ 17-7. Certain sexual acts in public and public nudity—Prohibited.

(a)

Violation. A person who knowingly or intentionally, in a public place:

(1)

Engages in sexual intercourse;

(2)

Engages in deviate sexual intercourse as defined by the Texas Penal Code § 21.01(1);

(3)

Appears in a state of nudity; or,

(4)

Fondles the genitals of himself, herself or another person, thereby commits the offense of public indecency.

(b)

Definition of nudity.

Nudity means the showing of the human male or female genitals, pubic hair, or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, public hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of the nipples and/or areola.

(c)

Definition of public place.

Public place includes all outdoor places owned by or open to the general public, and all building and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance hall, banquet halls party room or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.

(d)

Definition of person.

Person means a person as that term is defined by the Texas Penal Code §1.07(38), including individuals, corporations and associations. A person for the purposes of this ordinance shall also include partnerships as that term is defined under Texas Law.

(e)

Not applicable.

The prohibition set forth in section (a)(3) above shall not apply to:

(1)

Any child under ten (10) years of age; or

(2)

Any individual exposing a breast in the process of breast-feeding an infant under two (2) years of age.

(Ord. No. 2014, §§ 1—5, 8-14-2000)

Cross reference

Sexually oriented business, §§ 14-46—14-47.