§ 18A-55. Penalties.

(a)

Any person violating section 18A-45 of this chapter, upon conviction, is punishable by a fine not to exceed two thousand dollars ($2,000.00).

(b)

Any person violating any provision of this ordinance, other than section 18A-45, upon conviction, is punishable by a fine not to exceed five hundred dollars ($500.00).

(c)

It is a defense to prosecution under section 18A-47(d) or 18A-48 of this chapter that a person appearing in a state of nudity did so in a modeling class operated:

(1)

By a proprietary school licensed by the state; a college, junior college, or university supported entirely or partly by taxation; or

(2)

By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

(3)

In a structure:

a.

Which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and

b.

Where in order to participate in a class a student must enroll at least three (3) days in advance of the class; and

c.

Where no more than one (1) nude model is on the premises at any one (1) time.

(d)

It is a defense to prosecution under section 18A-51 or section 18A-52 of this article that each item of descriptive, printed, film, or video material offered for sale or rental, taken as a whole, contains serious literary, artistic, political, or scientific value.

(e)

Each day on which a violation occurs shall be a separate and distinct violation.

(Ord. No. 2002-O-212, § 1, 9-3-02)