§ 5-28. PUBLIC INDECENCY.

5-28.1 Prohibited Acts. A person who knowingly or intentionally, while participating in any live act in a public place:

(a)

Engages in sexual intercourse;

(b)

Engages in sexual activity prohibited by the criminal code of the State of New Jersey, N.J.S.A. 2C:1.1 et seq.;

(c)

Appears in a state of nudity;

(d)

Fondles the genitals of himself, herself or another person; commits an act of public indecency in violation of the terms of this section.

(Ord. No. 700-01, § 1; Ord. No. 22-07, § 1, 7-9-2007)

5-28.2 Definitions.

Nudity means the showing of the human male or female genitals, pubic hair, or buttocks with less than a fully opaque covering; showing of the female breast with less than a fully opaque covering of any part of the nipples.

Public place means and includes all outdoor places owned by or open to the general public and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, or banquet halls, whether or not an admission charge is levied.

(Ord. No. 700-01, § 1; Ord. No. 22-07, § 2, 7-9-2007)

5-28.3 Exceptions. The prohibitions set forth in Section 5-28.1(c) shall not apply to:

a.

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

b.

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

c.

Any recorded visual or print medium including film, photograph, video tape, negative, slide, digital compact or video disk, computer images or any other form of publication or photographic reproduction containing or incorporating in any manner any film, photograph, video or computer generated image where the aforementioned act has been prerecorded for reproduction or viewing.

(Ord. No. 700-01, § 1; Ord. No. 22-07, § 3, 7-9-2007)