HomeMy WebLinkAbout2001-124 - Amendments to Section 210.470 of the Municipal CodeBILL NO. 2001- ~~~
ORDINANCE NO. 2001- ~x'y
AN ORDINANCE AMENDING SECTION 210.470 OF THE RIVERSIDE CITY CODE
BY REPEALING THE PRESENT SECTION AND SUBSTITUTING A NEW
SECTION 210.470, TO BE TITLED PUBLIC INDECENCY AND
PROHIBITING CERTAIN CONDUCT IN PUBLIC PLACES
WHEREAS, the Board of Aldermen of the City of Riverside has observed and
specifically adopted at various times in the past that lewd, immoral activities carried on in public
places for profit are detrimental to public health, safety and welfare, and lead to the debasement
of both women and men, promote violence, public intoxication, prostitution and other criminal
activity; and
WHEREAS, the Board of Aldermen is aware of similar findings and conclusions by
sister cities in Missouri and throughout the country and is aware of legislative efforts that have
been found by such cities to prevent or mitigate the harmful secondary effects of such lewd or
immoral conduct (including, but not limited to, the ordinances reviewed in Renton v. Playtime
Theatres, Inc., 475 U.S. 41, 106 S. Ct. 925, 89 L. Ed. 2d 29 (1986); California v. GaRue, 409
U.S. 109, 93 S. Ct. 390, 34 L. Ed. 2d 342 (1972); and Ciry of Erie v. Pap's A.M., 529 U.S. 277
(2000)); and
WHEREAS the Board of Aldermen of Riverside hereby again concludes and reaffirms
that certain lewd, immoral activities carried on in public places for profit are highly detrimental
to the public health, safety and welfare, and lead to the debasement of women, men and
children, promote violence, public intoxication, prostitution and other serious criminal activity;
and
WHEREAS, the City is charged with protecting the public health, safety and welfare in a
fair and equitable manner; and
WHEREAS, the City has studied and considered various proposals, examples and
information related to the regulation and prohibition of certain lewd, immoral activities in public
places; and
WHEREAS, the City is fully aware of and fully respects the fundamental constitutional
guarantees of free speech and free expression and realizes that restrictions of such freedoms must
be carefully drafted and enforced so that speech and expression are not curtailed beyond the
point at which it is essential to further the City's interest in public health, safety and welfare; and
WHEREAS, the City desires to fully protect the public health, safety and welfare of its
citizens while at the same time providing and protecting rights related to free speech and free
expression; and
WHEREAS, the City specifically wishes to adopt the concept of Public Indecency
prohibited by the laws of the city of Erie, Pennsylvania, which were approved by the U.S.
Supreme Court in Cit)t of Erie v. Pap's A. M., 529 U.S. 277 (2000), for the purpose of limiting
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nude live entertainment within the City, which activity adversely impacts and threatens to impact
the public health, safety and welfare by providing an atmosphere conducive to violence, sexual
harassment, public intoxication, prostitution, the spread of sexually transmitted diseases and
other deleterious effects.
NOW, THEREFORE, be it ordained by the Board of Aldermen of Riverside, Missouri as
follows:
Section 1. Section 210.470 of the city code of the city of Riverside (Sexual
Misconduct) is hereby repealed and replaced in its entirety by a new Section 210.470, entitled
Public Indecency, to read as follows:
SECTION 210.470 PUBLIC INDECENCY
A person commits the offense of public indecency if he/she, knowingly or
intentionally, in a public place:
a. engages in sexual intercourse;
b. engages in deviate sexual intercourse as defined by the Missouri Criminal
Code;
c. appears in a state of nudity; or
d. exposes or fondles the genitals of himself, herself or another person.
2. "Nudity" means the showing of human genitals, pubic hair or buttocks with less
than a fully opaque covering; the showing of the female breast with less than a
fully opaque covering of any part of the nipple; the exposure of any device,
costume, or covering which gives the appearance of or simulates the genitals,
pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure
of any device worn as a cover over the nipples and/or areola of the female breast,
which device simulates and gives the realistic appearance of nipples and/or areola.
3. "Public Place" includes all outdoor places owned by or open to the general public,
and all buildings and enclosed places owned by or open to the general public,
including such places of entertainment, taverns, restaurants, clubs, theaters, dance
halls, banquet halls, party rooms or halls limited to specific members, restricted to
adults or to pad•ons invited to attend, whether or not an admission charge is
levied.
4. The prohibition set forth in subsection 1(c) shall not apply to:
a. Any child under ten (10) years of age; or
b. Any individual exposing a breast in the process of breastfeeding an infant
under two (2) years of age.
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5. In addition to the specific penalties provided in this ordinance, it is hereby
declared that any building, portion of a building, or enclosed place regularly used
for the prohibited display of public nudity is a nuisance, subjecting the owner,
proprietor or other operator thereof to any and all actions authorized by the City
of Riverside and the State of Missouri for the abatement of nuisances, including,
but not limited to the procedures set forth in Chapter 215 of the City Code.
Section 2. It is the intention of the City that the provisions of this ordinance be
construed, enforced and interpreted in such a manner as will cause the least possible
infringement of the constitutional rights of free speech, free expression, due process, equal
protection or other fundamental rights consistent with the purposes of this ordinance. Should a
court of competent jurisdiction determine that any part of this ordinance, or any application or
enforcement of it is excessively restrictive of such rights or liberties, then such portion of the
ordinance, or specific application of the ordinance, shall be severed from the remainder, which
shall continue in full force and effect.
Section 3. All Ordinances and parts thereof conflicting herewith be and the same are
hereby repealed.
Section 4. This Ordinance shall become effective twenty days after final passage and
approval by the Mayor.
Passed this day of November, 2001.
Mayor
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