CHAPTER XI. PUBLIC OFFENSESCHAPTER XI. PUBLIC OFFENSES\Article 3. Crimes and Offences Against the Public Peace

(a)   Unlawful public intoxication is being on highway or street or in a public place or public building while under the influence of intoxicating liquor, narcotics, or other drug to the degree that one may endanger themselves or other persons or property or annoy persons in their vicinity and shall be considered an unclassified misdemeanor.

(b)   Committing unlawful public intoxication shall constitute an unclassified misdemeanor and any person convicted thereof shall by punished by a fine for a sum not exceeding two hundred dollars ($200.00), imprisoned for a definite term of confinement which shall be fixed by the court and shall not exceed ten (10) days, or both such fine and imprisonment.

(Ord. 707)

(a)   It shall be unlawful for any person to knowingly, intentionally, or recklessly appear in a state of nudity in a public place.

(b)   Committing a violation of this section shall constitute a Class B non-person misdemeanor.

(c)   Exceptions:

(1)   The provisions of this section shall not apply to a mother breastfeeding her child.

(2)   Appearing in a place set apart for nudity in a state of undress. This exception does not include the use of a place set apart for nudity for a purpose not intended by that place, including any sexual conduct, including sexual conduct for profit, promotion of business, or commercial exploitation.

(3)   Any theater, concert hall, art center, museum or similar establishment that is primarily devoted to the arts or theatrical performances and in which nudity is incorporated into the art exhibit or theatrical performance and is not a mere guise or pretense used to exploit the conduct of being nude for profit or commercial gain.

(4)   Nudity incorporated into an educational curriculum at an accredited university, technical school, or institution whose classes may transfer to an accredited university or technical school.

(d)   Definitions:

(1)   State of nudity means any state of undress fails to completely or opaquely cover and, therefore, exposes to view human genitals, pubic region, or buttock.

(2)   Person means any live person being aged ten (10) or older.

(3)   Place set apart for nudity means public places outside of the home where nudity or exposure is necessary and customarily expected; including, but not limited to, public restrooms, enclosed single-sex functional shower, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor's offices, and portions of hospitals set apart for this purpose.

(4)   Public place means any location frequented by the public, or where the public is present or likely to be present, including, but not limited to, streets, avenues, highways, roads, waterways, stores, meeting facilities, or businesses and commercial establishments (whether for profit or not for profit and whether open to the public at large or where entrance is limited by cover charge or membership) within the corporate boundaries of the City of Haven.

(Ord. 707)

(a)   It shall be unlawful for any person to knowingly, intentionally, or recklessly urinate or defecate in or upon any street, sidewalk, alley, plaza, park, public building, public property, private parking lot, or any place exposed to public view.

(b)   This section shall not apply to persons under the age of five (5) or urination or defecation utilizing appropriate fixtures in any restroom or other facility designed for the sanitary disposal of human waste.

(c)   Violation of this section is a Class C non-person misdemeanor.

(Ord. 707)