§ 11-11 — Public indecency

Sec. 11-11. - Public indecency.

Public indecency is prohibited as follows: (1) A person commits the offense of public indecency when he or she performs any of the following acts in a place where a person should reasonably expect to be in view of the public: a. An actual or simulated act of sexual intercourse or masturbation; b. Exposure of the genitals; c. A lewd appearance in a state of partial or complete nudity; d. A lewd caress or indecent fondling of the body of another person; e. A lewd caress or indecent fondling of the sexual organs of any person, including oneself; f. Urination or defecation; or g. Appears wearing pants or skirts more than three (3) inches below the top of the hips (crest of the ilium) exposing the skin or undergarments. (2) Fines and penalties. A citation shall be issued to the offender and upon conviction, a guilty plea, or a plea of nolo contendere, the offender shall be fined fifty dollars ($50.00) for the first offense, one hundred dollars ($100.00) for the second offense, and one hundred fifty dollars ($150.00) for the third offense within one (1) year of the date of the first offense. In addition to or in lieu of a fine, the court may order a person to participate in up to eight (8) hours of court approved community service activities for the first offense, sixteen (16) hours for the second offense, and twenty-four (24) hours for the third offense within one (1) year of the date of the first offense. Alleged violators shall not be subject to arrest or imprisonment for violation of the section, however, a ticket or citation shall be issued to such person.

(Ord. No. 2012-10-778, § 1, 10-19-12)