5543-94 `A
4N ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELAT'NC TO PUBLIC `NUDITY; CREATING A NEW SECTION
21.1.;x, CODE OF ORDINANCE, TO PROHIBIT PUBLIC NUDITY;
EFj I`l lG TERMS, ESTABLI"�eING EXEMPTIONS, PROVIDING AN
EFFA-CTIVE' DATE
-WHEREA$, the City 'Commission of Clearwater, Florida (the "City
'Commission") � has considered the following resorts, studies, and judicial
opinions concerning the adverse secondary effects of adult uses on the
community, whi+ h were presented to the City Commission at a public hez�ring on
October 18, X993`, during which City 'Ordinance 5490-93 was reviewed:
(a) Findings of the City Planning Commission for the City of New York
dated January �61 1977,
fib) R rg. On Zoning and Other Methods of Regulating Adult
Entertainment in Amarillo rTexasl ,, dated September 13,_ 1977;_
. (c) orthend Cinema Inc. v. 'Seattle, 90 Wash.2d '709, 585 P.2d 11.53
X1978) ,
(d) �u1ation of Criminal Activity and Adult Businesses, ' Cite of
Phoenix, AHtona, flay, 1979;
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(e) ' Report to she City Commission and City CourQcil from the
Planning Department of the City of Beaumont, Texas, dated September 14, 1982$
}
f) Lecislative Re ort on an Ordinance Amending 'Section 28-73 of the
Code of Ord- cis of the City of Houston, Texas- Providing for thLo iRe ulatiI
of Sexially Oriented Commercial Ente_prises, Adu1 t Bookstores , Adult Movie
Theaters and:l+i sane <Establishments and 'Makino Various Provisions any
Findings Relat nd to the -Subject, a report prepared by the Committee cn the
Proposed Regulation of Sexually Oriented Businesses, dated 1983;
('g) Adl`t Entertainment Businesses in Indianapolis, an an
alysl�s
prepared by they Department of Metropolitan Development, dated Februars�, 1984;
(h) adult Entertainment Business in Oklahoma City, A survey o�Real
Estate Appra_Isers, a report prepared by the Community Development' Dep, rtment
0X t e t t y �J� t k ahoina City, Ok tanoma, dated arch 3, 1986;'
(i) eeaort on Adult Oriented Business in Austin, a report prepared by
the Special' Prd�grams Division of the Office of Land Development Services of
the City ofAutin, Texas, dated May 19, 1986;
(j) Surj►mary of land use studies on secondary effects of adult, uses
conducted by G�[rden Grove, California, Whittier, California;, Cleveland, Ohio,
and Los Angeles , California;
^r nd � sent-ati,;:_„ f r��._. . t_.. a n�. .. fT °.s P I ce '5.E
a`.���+T;�, �� ;�,,ti ��:��.�,�.�€r� : a�� Cd� r- r tai� R d� County �Il�� `sT. � �� _�"„
_port. cetai livi9 the criminal activities associated with adult uses in
Pinellas County, which was presented to the Board'of County Commissioners* a
public,'hearing on June 10, 1987, during which Pinellas County 0rdinan6e & -45
Was adopted;
ta ,
(1 ) of Pinellas County Sheriff' s I rc i eSummar nt Reports compi l ed for
publlic hearing; before the Board of ,Pinellas County Commissioners on dul,� 10,
1990;
(gym) Letter -from Or, John Heilman, Director of the Pinellas County'I
Public Vea'lth unfit fn support of an adult use ordinance;
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n r�mmar nd reserrtation o. Pinellas lac Count . s Detecti,� es
� Sheriff
Joe Rindos'h and Robert Diemer report describing the typical adult
bookstore/the+ate� ;in Pinellas County, which was presented to the Board ofj
County,I Commmissi one rrs at the June 16, :987 public :hearing during which Pinellas
County Ordinance;.87-45 was adopted,
(o) Pinellas County Sheriff's Office' s statistics for 1989 involy "ng
sexual offenses at adult use locations, which was presented' to, the Beard apf
County Commissioners at the January 15, 1991 public hearing during which
Pinellas County rainance 91-8 was adopted;
(p) A landluise study from Tucson, Arizona dated May' 1 , 1990 and
Pinellas County ,Sheriff's Office's ' police reports involving sexual activity
occurring at ` du,lti bookstores/theaters,
(q) Pine;ll,as County Sheriff's Office' s Organized Crime Division
investigative repoi~t,s involving adult lounges (special cabarets); and
fir) A vied tape depicting a typical adult bookstore/theater in
Pinellas County ;and d,epicting ,typica1 entertainment occurring in Pinellas
County adult lounges (special cabarets); and
WHEREAS, Cle4rwsrater is a city that desires and very much continues to be
a comimuni ty tha c6ntAins and is known for traditional wholesome public
recreational acti.vaities and' that contains beaches andother recreational
facilities that attract a family-oriented tourist' trade; and
-,s the the City Commission finds and determines that the prohibition
of nude dancing in adult use establishments is justified because the
competitive commilerci al exploitation of nudity encourages the escalation of
nude and lewd conduct within the comipeting commercial establishments
exploiting such conduct and thereby increases the adverse secondary effects
upon the quality of City°s neighborhoods` and commercial districts; and
WHEREAS, the City Commission finds and determines that the prohibit';ions
contained herein ark the most reasonable and minimal restrictions required so
as to regulate conduct which is adverse to the public health, safety, welfare
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A3ru ip lo v " n zpt ;e t .a t e r vale n such neat`>' alke: place at coca font where
the ,,ubI is is PrOsent or like',v +-o be }. res;� rdt', %t' rd(iv're such c,or,auC t who- I'd be
aeaaily visible �o the public;. and
WHEREAS, ttpei City Commission is avpare that communities may regulat.e tI°e
conduct of app6ar;�ing nude in public places pursuant to the United Stater
Supreme Courtin ec-sior in Darned v. Glen Theater, Inc. , 111 S.Ct. 245
{.1g9. �I and
WHEREAS„ #ie City Commission is not hereby prohibiting nudity in t ru1y
private places; ors `,prohibiting nudity that is protected by the Unites! Stites or
Florida, Const`i tut ion; now therefore
UE� IT (ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLARW'ATER, FLORIDA;
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Section ll. i A new Section 21.13; Code of Ordinances, is created to read,
Sec. 21.X3 Public Nudity.
�1 A�si u_teed in this section:
a') "Aadult. use establishment means an establishment a defined in
sec'. 41 .505 of! tide city code.
(b) "Ept t means any proprietorship, partnership, corporation,
association, 'bUs�ioess trust, joint venture, joint- stock company or oth r for
profit or not fo�, ,profit organization.
(c) N► d means- the showing of:
I.! Human male or female genitals or pubic area with ,less `than a
fully opaque cpvr,ing; or
2.!, Any portion of the anal cleft or cleavage of the male or
female buttocks. Attire that is insufficient to comply with this requi ement
includes, but 11s; not limited to, G-strings', 3-backs, thongs and any other
clothing or' co;rei� ng that does not completely and opaquely cover the anal
cleft or, cIeava'a cf the male or female buttocks; or
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�o,<! c aCn Cr the human female breast directly eCll y or iaItera t
If Y
below a point ,im i ate Iy above the top of the areola with less than a ally`
opaque covarnrg' tB� is definition shall include the entire lower portion of the
human-, regale b!reAst., but shall not include any portion of the cleavage of the
human- female 'bl�e st exhibited by a dress, blouse, shirt, leotard, bathing
suit, or other cle .hin,g, provided the areola is not exposed; or
4. ' luman male genitals in a discernibly turgid state, even if,
completely andi opa6quely covered.
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- rL nri being ten. yf�__115 Of -e or of ter.;
'Placei provided or set apart for nudity" deans enclosed single-sex
public res,trooms'; lenclosed sincle-sex functional shower, locker or dressing
:room facilities;, e� closed motel ooms a d hotel rooms designed and intended
for sleeping accommodations; areas within doctor' s offices, medical Clinics,
hospitals; and other licensed medical health care facilities designed and
intended for ithd examination of patients; and similar places in which rFutity
is necessarily and' Custo sari ly expected outside of -the home' and the sphere of
privacy constitutionally protected therein. This tern shall not be deemed to
include places w he,ree a person's conduct of being 'nude is used for his or Iher,
profit or where beitntl nine is used for the promotion of business or is
otherwise commercially exploited,
(f) "Public place" means any location frequented by the public, cr ,
where the"publi6 is present or likely to be present, or where a person may
reasonabiy be expected to be observed by members of the public: The tern '
includes but is ,noit limi`ted .to streets, sidewalks, parks, beaches, business
and commey c i a 1 ; est,ab 1 i shments; (whether for prof i t or not for profit, whether
open to the public at large, or whether entrance is limited by a cover &arge
or membership r4quii�rement) , hotels motels, restaurants, night clubs, country
clubs, cabarets' and meeting facilities utilized by any rel ig ous, social,
fraternal or simil*r organization. Premises, or portions thereof such as
hotel rooms, used solely as a private residence, whether permanent or r
temporary "in nature, shall not be deemed to ,be apub'Ic place.
(2) It shal`1 be unlawful for any person to knowingly or ' intentiorMally
appear, or cause another, person to appear, nude in a public place or in any
other Place that is .readily visible to the public, except as provided in
subsection (3) Of this sect ion. It shall also be un`i awsrful for any person; or
entity maintaining, owning, or operating any public place to operate' andlto
knowingly or with reason to know, permit or allow any person to appear nLde in
such, public place,' =,except as provided in subsection (3) of this section.
(3) The 6,1 1owin'g shall be exempt from the prohibitions of subsection
(2) of this se`ctioin'.
(a) When a person appears nude in a place provided or set apart for
nudity, provided such person is nude for the sole purpose of performing the
legal function that customarily intended to be pe7°�+�rrred within �,ach place and such person ; is n+.A nude for the purpose of obtaining money or other
` hnanc 6a a g .`n s car s9 c!i per-son car' for another person or entity,
(b) ` Wheh! a mother is breast-feeding her baby in compliance with
Section 383.11155 Florida Statutes,' or
(c) When the conduct of being nude cannot legally be prohibited Iy
this ordinance because it constitutes a part of a bona fide live
communication , demonstration `or performance by a` person wherein: such nudity is
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Con titution. ,Nuldi� dancers performin in adult ,use estalb ishments shat i not
be exempt from1 Ole: Oroh'ibitions of subsection (2) of this 'sect ioh,
(d) Whon a person appears nude far ,leg itimate instructianal purrose�,
€or authoriz�d {cdurses at ccn unity colleges, state universities, or other
Public or priv4tq institutions of higher' loarning.
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(4 This sroctiOn shall not be `dee ed to 'address photographs mo\ es,
id �i prsentticns, or any other non-live performances.
Section �. `l his ordinance shall .take effect 60 days from advp%"
PASSED ON rIRS7 READING February s 194
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PASSED O� �EGDND ;AND FINAL
READING" AND ADQPI°ED AS AMENDED February 17; 1"994
I �
Rita Garver '
f
Mavor-Commissioner
Attest: Approved as to form and ;
correctness:
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Cyn is E. G uPeaui M. A. Galbraith ' J.r.
C M Clerk City Attorney `�;.. '
I,.
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