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HomeMy WebLinkAbout1983-12-20-Ordinance 2028_Criminal Code, Public ExposureORDINANCE No.2028 AN ORDINANCE PROHIBITING PERSONS FROM EXPOSING CERTAIN PARTS OF THEIR BODIES IN ANY PUBLIC PLACE OR IN ANY PLACE WHERE SUCH EXPOSURE IS SEEN BY ANOTHER PERSON OR PERSONS LOCATED IN ANY PUBLIC PLACE. BE IT ORDAINED by the Council of the City of Waukee: Section 1.THERE SHALL BE ADDED TO THE WAUKEE MUNICIPAL CODE,CHAPTER 405 AS FOLLOWS: Section 2.Public Exposure. A.Except as hereinafter provided no person shall intentionally expose those parts of his or her body hereinafter listed to another in any public place, or in any place where such exposure is seen by another person or persons located in any public place: 1.A woman's nipple,the areola there- of,or full breast,except as necessary in the breast-feeding of a baby. 2.The pubic hair,pubes,perineum,or anus of a male or female,the penis or scrotum of a male,or the vagina of a female,excepting such body parts of prepubescent infants of either sex. B.This section shall not apply to limited or minimal exposures incident to the use of public restrooms or locker rooms or such other places where such expos- ures occur incident to the prescribed use of those facilities. C.This section shall not apply to expo- sures occuring in live stage plays, 1 ive theatrical performances,or live dance performances conducted in a theatre,concert hall or similar estab- lishment which is primarily devoted to theatrical performances. Section 2.Violations of any of the provisions of this Chapter shall be punishable by 30 days in jailor $100.00 fine or by both such fine and imprisonment. Section 3.Severability.If any section,provi- sion,or part of this ordinance shall be adjudged to be invalid or unconstitutional,such adjudication shall not affect the validity of the ordinance as a whole or any section,provision or part thereof not adjudged invalid or unconstitutional. Section 4.Effective date.This ordinance shall be in effect after its final passage,approval,and publi- cation as required by law. Passed by the Council the 20th day of December,1983,and approved this 20th day of December,1983. Attest: .-