§ 86-4. Public indecency.

(a)

This section has been enacted for the purposes, among others, of protecting and preserving the health, safety, welfare and morals of the citizens of the county; protecting societal order; reflecting moral disapproval of people appearing in the nude among strangers in public places; and proscribing public nudity across the board.

(b)

A person shall be prohibited, while in a public place, from knowingly or intentionally:

(1)

Engaging in sexual intercourse;

(2)

Engaging in deviate sexual conduct;

(3)

Appearing in a state of nudity; or

(4)

Fondling the genitals of himself or another person.

(c)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Nudity means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.

(2)

Public place means any area or place, including but not limited to any building structure or business, accessible to the public, regardless of whether privately or publicly owned.

(3)

Accessible to the public means any area or place, including but not limited to any building structure or business, where the public is invited and are free to go upon special or implied invitation, including but not limited to such an area or place available to all or a certain segment of the public.

(4)

Showing means pointing out or drawing attention to.

(d)

Violation of this section shall be enforced by civil proceedings.

(e)

If this section conflicts with any other provision of this Code, then this section shall be controlling between the conflicting provisions.

(f)

Subsection (b)(3) of this section shall not apply when the nudity is part of some larger form of expression that merits First Amendment protection pursuant to the Constitution of the United States of America or the constitution of the state.

(Ord. of 6-23-92; Code 1977, § 3-17.5-3)

State law reference

Public indecency, O.C.G.A. § 16-6-8.