HomeMy WebLinkAboutOrdinance 6164 05/15/2006
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ORDINANCE NO. 6164 (General)
AN ORDINANCE PROHIBITING OFFENSIVE/INDECENT EXPOSURE IN A
PUBLIC PLACE OR VISIBLE FROM A PUBLIC PLACE
The City Council of the City of Springfield finds that:
1. It is in the public interest for the City of Springfield to add a new section, 5.259,
"Prohibition of Offensive/Indecent Exposure in a Public Place or Visible From a
Public Space," to the Springfield Municipal Code, Section 5, Public Protection.
2. It is in the public interest for the City of Springfield to add this new section to the
Springfield Municipal Code, Section 5, Public Protection, as a violation.
3. It is in the public interest for the City of Springfield to add this violation
prohibiting offensive/indecent exposure with an exception for employees or
independent contractors, working/performing at adult nude or erotic dancing
business enterprises.
NOW THEREFORE, based upon the foregoing findings, the City Council of the City of
Springfield ordains as follows:
Section 1. There is hereby added a new Section 5.259, "Prohibition of Offensive/
Indecent Exposure in a Public Place or Visible From a Public Space," which reads as
follows:
"5.259, Prohibition of Offensive/Indecent Exposure in a Public Place or Visible From a
Public Space
(1) It shall be unlawful for any person 8 years of age or older to expose their
genitalia while in a public place or place visible from a public place, if the public
place is open or available to persons of the opposite sex.
(2) Public place may include but is not limited to: city streets, public and/or
city parks, schools and school grounds, city and/or other government property
and premises open to the public as not excluded in the following section.
(3) An exclusion to the above described violation exists for: privately owned
adult only businesses such as: taverns/bars/clubs which cater to an adult cliental.
Therefore, excluded from the above described violation for public nudity/indecent
exposure are employees or independent contractors hired to perform at the
establishment, engaging in adult nude or erotic dancing as part of the adult only
private business enterprise.
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(a) Note: Customers at such businesses/establishments are not included or
protected by this exception.
(4) Violation of this offense shall be punishable by a fine of no more than
$720.00."
Section 2. If any phrase, clause, or other part or parts of this Article is found to be
invalid by a court of competent jurisdiction, the remaining phrases, clauses and other
part or parts shall remain in full force and effect.
Adopted by the City Council of the City of Springfield this 15th day of May
2006 by a vote of 6 in favor 0 against.
Approved by the Mayor of the City of Sprin
2006.
ATTEST:
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Amy Sow City Recorder .
REVIEWED & APPROVED
AS TO FORM
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DATE: 5""hl"/or:;
OFFICE OF CITY ATTORNEY
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ORDINANCE NO. 6164