§ 3-32. Intent.

It is the intent of this article to protect and preserve the health, safety, welfare and morals of the citizens of Flagler Beach by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear or be nude, in a public place and in other places which may reasonably be expected to be observed by the public within the City of Flagler Beach except:

(1)

When such person appears nude in a place provided or set apart for nudity provided:

a.

Such person is nude for the sole purpose of performing the legal functions(s) that is customarily intended to be performed within such place provided or set apart for nudity; and

b.

Such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity; or

(2)

When the conduct of being nude cannot legally be prohibited by this article:

a.

Because it constitutes a part of a bona fide live communication, demonstration or performance by such person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a guise or pretense utilized to exploit nudity for profit or commercial gain (see for instance Board or County Commissioners v. Dexterhouse, 348 So.2d 916 (Fla. 2nd DCA 1977) and as such is protected by the United States or Florida Constitution; or

b.

Because it is otherwise protected by the United States or Florida Constitution.

(Ord. No. 96-9, § 1, 6-13-96)