19931109 1993-44ORDINANCE NO. 1993-44
AN ORDINANCE AMENDING CHAPTER 14 OF THE
CODE OF THE CITY OF FAIRFAX, VIRGINIA,
BY ADDING THERETO A NEW ARTICLE III,
SECTION 14-49, CONCERNING PUBLIC
NUDITY.
BE IT ORDAINED by the City Council of the City of
Fairfax, Virginia, that Chapter 14 of the Code of the City
of Fairfax, Virginia is hereby amended by adding thereto a
new Article III, Section 14-49, to read in its entirety as
follows:
ARTICLE III. Public Nudity
Sec. 14-49. Public Nudity.
(a) It shall be unlawful for any person to knowingly,
voluntarily and intentionally appear in public, in a public
place, in a place open to the public or open to public
view, in a state of nudity or to employ or procure another
person to so appear.
(b) As used in this section, "state of nudity" means
a state of undress so as to expose the human male or female
genitals, pubic area or the entire cleft of the buttocks
with less than a fully opaque covering, or the showing of
the female breast with less than a fully opaque covering of
any portion thereof below the top of the nipple.
(c) Nothing contained in this section shall be
construed to apply to:
1. The exhibition, presentation, showing or
performance of, any play, ballet, drama, tableau,
production or motion picture in any theater, concert hall,
museum of fine arts, school, institution of higher learning
or other similar establishment which is primarily devoted
to such exhibitions, presentations, shows or performances
1993-44
as a form of expression of opinion, communication, speech,
ideas, information, art or drama, as differentiated from
commercial or business advertising, promotion or
exploitation of nudity for the purpose of advertising,
promoting, selling or serving products or services or
otherwise advancing the economic welfare of a commercial or
business enterprise, such as a hotel, motel, bar,
nightclub, restaurant, tavern or dance hall;
2. Persons less than ten (10) years of age;
3. When a woman bares her breast for the purpose of
nursing a child;
4. A state of nudity in a private residence or hotel
room or motel room, provided the occupant or resident is
situated or screened so that the resident's or occupant's
state of nudity is not visible from outside the hotel room
or motel room or private residence;
5. Showers, locker rooms, and dressing rooms in
schools, health clubs and gymnasiums in which persons may
appear in a state of nudity, provided such persons are not
visible from outside the shower, locker room and dressing
room areas; and
6. Nude recreation communities or clubs organized
for the purpose of providing a private, non-public place
set aside for nude recreation and social use of the
communities' members, provided the nude recreation
community is situated or screened so that no part of the
communities' nude activities would normally be visible from
outside the property line of the community or club.
"Normally be visible" does not mean visible by the use of
binoculars, telescope or other devices to enhance a
person's unaided vision.
(d) Any person who violates this section shall be
guilty of a Class 1 misdemeanor.
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1993-44
This ordinance shall become effective as provided by
law.
INTRODUCED :
PUBLIC HEARING :
ADOPTED :
October 26~ 1993
November 9~ 1993
November 9~ 1993
ATTEST:
CITY CLERK
DATE