HomeMy WebLinkAbout2003-097 - Amendment to Chapter 210 of the Municipal CodeBILL NO. 2003-97
ORDINANCE NO. 2003-97
AN ORDINANCE AMENDING TITLE II, CHAPTER 210 OF THE MUNICIPAL CODE OF
THE CITY OF RIVERSIDE, MISSOURI, BY AMENDING
SECTION 210.050: PEEPING TOMS PROHIBITED
WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted review of
the City's Municipal Code (the "Code") sections regarding criminal offenses involving the invasion of
another's privacy; and
WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed
amendment of Section 210.050 to be advisable and in the City's best interests for the promotion of the
health, safety and welfare of the residents of the City; and
WHEREAS, the City deems it advisable to harmonize, to the extent possible, its ordinances
with the statutes of the State.
NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside,
Missouri, as follows:
Section 1. Section 210.050 of the Municipal Code of the City of Riverside, Missouri is
hereby amended, and shall read as follows:
SECTION 210.050: INVASION OF PRIVACY
A. Definitions. As used in this section, the following terms mean:
FULL OR PARTIAL NUDITY: The showing of all or any part of the human genitals or pubic area or
buttock, or any part of the nipple of the breast of any female person, with less than a fully opaque
covering.
PHOTOGRAPHS OR FILMS: The making of any photograph, motion picture film, videotape, or any
other recording or transmission, whether analog or digital, of the image of a person.
PLACE WHERE A PERSON WOULD HAVE A REASONABLE EXPECTATION OF PRIVACY: Any
place where a reasonable person would believe that a person could disrobe in privacy, without being
concerned that the person's undressing was being viewed, photographed or filmed by another.
VIEWS: The looking upon of another person, with the unaided eye or with any device designed or
intended to improve visual acuity, for the purpose of arousing or gratifying the sexual desire of any
person.
B. A person commits the offense of invasion of privacy if such person:
L Knowingly views, photographs or films another person, without that person's knowledge and
consent, while the person being viewed, photographed or filmed is in a state of full or partial
nudity and is in a place where one would have a reasonable expectation of privacy; or
2. Knowingly uses a concealed camcorder or photographic camera of any type to secretly
videotape, photograph, or record by electronic means, another person under or through the
clothing worn by that other person for the purpose of viewing the body of or the undergarments
worn by that other person without that person's consent; or
3. Knowingly disseminates or permits the dissemination by any means, to another person, of a
videotape, photograph, or film obtained in violation of subsections (B)(1) or (B)(2) of this
Section.
C. The provisions of this Section shall not apply to:
1. Viewing, photographing or filming by law enforcement officers during a lawful criminal
investigation; or
2. Viewing, photographing or filming by law enforcement officers or by personnel of a local jail
or correctional facility for security purposes or during investigation of alleged misconduct by a
person in the custody of the Department of Public Safety or the local jail or correctional
facility.
Section 2. The provisions of the Municipal Code of the City of Riverside, Missouri enacted
or amended herein shall not be construed to revive any former ordinance, clause or provision of the
Municipal Code of the City of Riverside, Missouri.
Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are severable
and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction
order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not
specifically declared to be unlawful shall remain in full force and effect.
Section 4. This ordinance overrides any conflicting provision or regulation within the
Municipal Code of the City of Riverside, Missouri.
Section 5. This ordinance shall take effect immediately.
Passed this ~ ~~day of October, 2003.
Mayor
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