§ 26-20. Enforcement.

(1)

A conviction violating section 26-4 or 26-13 is punishable by a fine not to exceed one thousand dollars ($1,000.00).

(2)

A conviction violating a provision of this section [chapter] other than sections 26-4 and 26-13 is punishable by a fine not to exceed two hundred dollars ($200.00).

(3)

It is a defense to prosecution that a person appearing in a state of nudity did so in a modeling class operated:

(a)

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

(b)

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;

(c)

In a structure:

1.

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

2.

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

3.

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

(4)

It is a defense to prosecution 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.

(5)

A person who operates or causes to be operated a sexually oriented business without a valid license or otherwise violates this section is subject to a suit for injunction as well as prosecution for criminal violations.

(6)

A person who operates or causes to be operated, a sexually oriented business in violation of the State obscenity laws (V.T.C.A., Penal Code chapter 43) is subject to those penalties set forth in state law.

(Ord. No. 08-105, 4-8-08)