Chapter 9.26


9.26.010    Intent.

9.26.020    Definitions.

9.26.030    Public nudity and exposure of certain body parts prohibited.

9.26.040    Exceptions.

9.26.050    Penalty.

9.26.010 Intent.

The intent of this chapter is to protect and preserve the health, safety, and welfare of the people of the city of Shelton by prohibiting any person from recklessly, knowingly, or intentionally appearing nude in a public place, or recklessly, knowingly, or intentionally causing or permitting another person to appear nude in a public place within the city, subject to the exceptions provided in Section 9.26.040. (Ord. 1831-0613 § 1 (part), 2013)

9.26.020 Definitions.

The following definitions apply to this chapter:

A.    “Public place provided or set apart for nudity” means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, or the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), an adult entertainment establishment as defined under Chapter 5.06, and any similar public places in which nudity is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein.

B.    “Public place” means any location open to the common and general use, participation, or enjoyment of the public where the public is present or likely to be present, or any location where the public is invited and is free to go upon special or implied invitation, or any location where a person may reasonably be expected to be observed by the public; this definition includes, but is not limited to, places open to the public for business or commercial purposes. (Ord. 1831-0613 § 1 (part), 2013)

9.26.030 Public nudity and exposure of certain body parts prohibited.

A.    It shall be unlawful for any person ten years of age or older to recklessly, knowingly, or intentionally appear in a public place other than a public place provided or set apart for nudity, or to recklessly, knowingly, or intentionally cause or permit another person ten years of age or older to appear in a public place other than a public place provided or set apart for nudity, in a state of nudity, which includes a state of dress or undress such that any of the following body parts or portions thereof are exposed to view or are covered with anything other than a full and opaque covering which completely covers all of the described area:

1.    The male or female genitals, pubic area, buttocks and anal cleavage.

2.    The nipple and areola of the female breast, and in addition all of the surface of the female breast below the areola and at least one-half of the surface of the female breast located above the top of the areola.

B.    Attire which is insufficient to comply with these requirements includes but is not limited to those items commonly known as G-strings, pasties, T-backs, dental floss, and thongs.

C.    Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or which by its nature simulates the appearance of the anatomical area beneath it, do not constitute “full and opaque covering” as required by this section. (Ord. 1831-0613 § 1 (part), 2013)

9.26.040 Exceptions.

This chapter shall not be construed to prohibit nudity or near nudity associated with:

A.    The act of breastfeeding or expressing breast milk;

B.    Plays, operas, musicals, or other dramatic works which are not obscene and are delivered to age-appropriate audiences;

C.    Classes, seminars, and lectures held for serious scientific or educational purposes;

D.    Adult entertainment exhibited in licensed adult entertainment facilities as regulated under Chapter 5.06. (Ord. 1831-0613 § 1 (part), 2013)

9.26.050 Penalty.

Any person who violates the terms of this chapter shall be guilty of a misdemeanor. (Ord. 1831-0613 § 1 (part), 2013)