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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. 2 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