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ORDINANCE NO. 15-101 AN ORDINANCE TO ESTABLISH A LAW REGARDING PUBLIC NUDITY AND LEWD OR LASCIVIOUS BEHAVIOR; TO ESTABLISH A PENALTY AND PROVIDE A METHOD OF ENFORCEMENT; AND TO PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Neb. Rev. Stat. §23-104, the County has the power to do all acts in relation to the concerns of the County necessary to the exercise of its corporate powers; WHEREAS, pursuant to Neb. Rev. Stat. §23-103, the powers of the County as a body are exercised by the Hall County Board of Supervisors("County Board"); WHEREAS, it is the intent of the County Board to enact an Ordinance; WHEREAS, pursuant to Neb. Rev. Stat. §23-187, the County may regulate, through an ordinance, violations of the public peace and good order of the County by public nudity and/or lewd or lascivious behavior; and, WHEREAS, the Hall County Board has held a public meeting on the matter, after giving due notice as required by law. NOW THEREFORE, BE IT ORDAINED BY THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF HALL,NEBRASKA: SECTION 1. Statement of Intent: It is the intent of this Ordinance to promote the public health, safety, welfare, peace and order of the County. It is the intent of the County to prohibit the exploitation of human nudity for the otherwise promoting the economic interests of any type of business enterprise. It is also the intent of the County to further the government's interest in avoiding the harmful secondary effects of public nude conduct such as prostitution, sexual assaults, and criminal activity. See, e.g., Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991); Pap's A.M. v. City of Erie, 529 U.S. 277 (2000); Ways v. City of Lincoln, 331 F.3d 596 (8th Cir. 2003). The legislative record documents and the Board's legislative findings concerning negative secondary effects, which are found in Section 3.29 of the Hall County Zoning Resolution, are incorporated herein by reference. This prohibition on public nude conduct is not intended to extend to any expression of opinion or the performance of a bona fide play, ballet, or drama which may not be prohibited under the First Amendment to the Constitution of the United States or by Article I, §5 of the Constitution of the State of Nebraska. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on exercises of free speech that are protected by the First Amendment. SECTION 2. Definitions: For purposes of this Ordinance, and where not inconsistent with the context of a particular section, the defined terms, phrases, word, abbreviations, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future-tense, words used in the plural number include words in the singular number and words in the singular number include words in the plural number. The word "shall" is always mandatory, and not merely directory. a) Nude, nudity, or a state of nudity means the showing of the human male or female genitals or pubic area with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering 24