HomeMy WebLinkAbout3001 Amending Public Nudity
ORDINANCE NO. oDD \
AN ORDINANCE AMENDING ASHLAND MUNICIPAL CODE 10.44.012 and
10.44.020, RELATING TO PUBLIC NUDITY AND PENALTIES.
Annotated to show deletions and'additions to the code sections being modified.
Deletions are bold'" and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions,
statutes, and common law of the United States and of this State expressly
or impliedly grant or allow municipalities, as fully as though this Charter
specifically enumerated each of those powers, as well as all powers not
inconsistent with the foregoing; and, in addition thereto, shall possess all
powers hereinafter specifically granted. All the authority thereof shall have
perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as
affording all legislative powers .home rule constitutional provisions reserved to
Oregon Cities. Citv of Beaverton v. International Ass'n of Firefiahters. Local
1660. Beaverton Shop 20 Or. App. 293; 531 P 2d 730,734 (1975); and
WHEREAS, following publicity concerning the City's existing geographically-
limited ban on public nudity, a public school in Ashland was targeted by an
individual who deliberately circled the school in a state of undress, causing public
annoyance, inconvenience and alarm; and
WHEREAS, given the total number of elementary, middle and high schools
within the City of Ashland, and given the number of pedestrian and bicycle routes
to and from such schools, the only practical regulation to prevent such harm is a
city-wide ban on public nudity within the City limits; and
WHEREAS, the City Council of the City of Ashland has determined that in order
to protect and benefit the health, safety and welfare of existing and future
residents of the City, it is necessary to amend the Ashland Municipal Code in
manner proposed and that the amendment is fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC 10.44.012 [Public Nudity] is hereby amended to read as
follows:
10.44.012 Public Nudity.
It is unlawful for any person eiqht years of aae or older to intentionallv
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expose his or her genitalia while on pllbliG property in the C 1 D
(Downto.....n CommerGial) zone or in a pllbliG park while in an exterior
public place. This pro'/ision is not intended to apply to a person who
is prepllbessent or who has taken steps to Greate an en'/elope of
pri\'asy lIpon their own property and the nlldity OGSllrs within that
en':elope.
SECTION 2. AMC 10.44.020 [Penalties] is hereby amended to read as follows:
10.44.020 Penalties.
Any person violating any section within this chapter shall be guilty of a
misdemeanor as set forth in Sestion 1.08.010. Class C violation as that
class is defined under OreQon law and AMC 1.08.020.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of
this ordinance are severable. The invalidity of one section, subsection, .
paragraph, or clause shall not affect the validity of the remaining sections,
subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in
the City Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter" or another word, and the sections of this Ordinance may be
renumbered, or re-Iettered, provided however that any Whereas clauses and
boilerplate provisions (i.e. Sections 3-4) need not be codified and the City
Recorder is authorized to correct any cross-references and any typographical
errors.
The foregoing ordinance was' first read in full, and then by title only in accordance
with Artic X, Section 2(A) of the City Ch;Wer on the 3rd day of November, 2009,
and d PASSED and ADOPTED this ~ day of January, 2010.
Barbara M. Christensen, City Recorder
If,
day of
J~'201O
~
SIGNED and APPROVED this
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