§ 3-17-5. Public indecency.


Latest version.
  • (a)

    This section shall be known and referred to as "The Henry County, Georgia Public Indecency Ordinance."

    (b)

    Based on the experience of other urban counties and municipalities including but not limited to New York City, Los Angeles, Seattle and particularly within the metropolitan area of Atlanta, Georgia, including, but not limited to, Atlanta and Fulton County, Georgia; and DeKalb County, Georgia; which experiences we believe are relevant to the problems faced by Henry County, Georgia we take note of the notorious and self-evident conditions attendant to the commercial exploitation of human sexuality, which do not vary greatly among generally comparable communities within our country. Moreover, it is our finding that public indecency, public nudity and semi-nudity, under certain circumstances, begets criminal behavior and tends to create undesirable community conditions. Among the acts of criminal behavior identified with public indecency and public nudity are disorderly conduct, prostitution, drug trafficking and use, and violent crimes. Among the undesirable community conditions identified with public indecency and public nudity are depression of property values in the surrounding neighborhood, increased expenditure for and allocation of law enforcement personnel to preserve law and order, increased burden on the judicial system as a consequence of the criminal behavior hereinabove described, and acceleration of community blight by the concentration of certain establishments in particular areas. Therefore, the prohibition of public indecency is in the public welfare, and it is a matter of governmental interest and concern to prevent the occurrence of criminal behavior and undesirable community conditions normally associated with public indecency, public nudity or semi-nudity. To that end, this section is enacted for the purposes, among others, of protecting and preserving the health, safety, welfare and morals of the citizens of Henry County, Georgia; protecting societal order; reflecting moral disapproval of people appearing in the nude among strangers in public places; and proscribing public nudity.

    (c)

    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, herself or another person.

    (d)

    For the purposes of this section:

    1.

    "Nudity" shall mean 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" shall mean 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" shall mean 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, and including but not limited to such an area or place available to all or a segment of the public.

    4.

    "Showing" shall mean pointing out or drawing attention to.

    (e)

    In addition to criminal enforcement of this article, violation of this article may be enforced by civil proceedings.

    (f)

    Any person who pleads guilty, nolo contendere or is convicted of violating the provisions of this section in the Magistrate Court of Henry County, Georgia shall be punished by a fine not to exceed one thousand dollars ($1,000.00) and/or up to sixty (60) days in the Henry County Detention Facility.

    (g)

    Should any section, paragraph, sentence, clause, or phrase of this section be declared unconstitutional or invalid for any reason, the remainder of said section shall not be affected thereby.

    (h)

    Subsection (b)(3) 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 of Georgia.

(Ord. No. 93-05, 4-23-93)