Two amendments to the ordinance.
From: Clear, Mark
Sent: Tuesday, July 05, 2011 1:55 PM
To: ALL ALDERS
Cc: May, Michael; Mayor
Subject: Proposed amendments to item 93 (public indecency)Dear Colleagues,
I wanted to give you an opportunity to review two amendments I plan to make from the floor to this ordinance amendment, Legistar 22665. See below.
The addition to 3(c) I think is self-explanatory and has the support of the three sponsors.
The sponsors oppose deleting 2(c), and I’d like to offer a bit more explanation.
In my opinion, 2(c) goes too far on the side of legislating morality. I think 2(b) is more appropriate and makes the right balance between what’s indecent, and what’s just plain nude, without other inappropriate context.
Madison has a fine tradition of tolerance for behavior that not everyone may like, but is also not a threat to health or safety. I hope we can continue that tradition.
I look forward to an interesting and perhaps amusing discussion tonight! Thanks.
DO NOT REPLY TO ALL.
Mark C.
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“26.01 PUBLIC INDECENCY.(1) As used in this section, “nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.
(2) Whoever does any of the following is guilty of public indecency:
(a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others.
(b) Publicly and indecently exposes genitals or pubic area.
(c) Appears publicly in a state of nudity.(d) Engages in masturbation, or conduct which would appear to an ordinary observer to be masturbation, with knowledge that they are in the presence of others or that they can be observed by others.
(3) No person shall do any of the following without the consent of the other person:
(a) Peep into an area where an occupant of the area has a reasonable expectation of privacy, including, but not limited to:
1. restrooms;
2. baths;
3. showers; and
4. dressing rooms.(b) Go upon the land of another with the intent to peep into an occupied dwelling of another person;
(c) “Peep” means any looking of a clandestine, surreptitious, prying, or secretive nature, whether by direct observation or via camera or other remote viewing or magnification or recording device.
This is going to be a painful debate, isn’t it?
