HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/03/2015 - SECOND READING OF ORDINANCE NO. 134, 2015, MAKINGAgenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY November 3, 2015
City Council
STAFF
Tyler Marr, Graduate Management Assistant
SUBJECT
Second Reading of Ordinance No. 134, 2015, Making Certain Amendments to Section 17-142 of the Code of
the City of Fort Collins Related to Public Nudity.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 20, 2015, updates Section 17-142 of the
City Code to read as “Public Nudity” rather than “Public Indecency,” and maintains the current prohibition of the
exposure of the female breast in public, excluding from this prohibition children under the age of ten and
breastfeeding mothers. There has been a slight modification to the language between First and Second
Reading. The words “areola and” have been added before the word “nipple”.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 20, 2015 (w/o attachments) (PDF)
Agenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY October 20, 2015
City Council
STAFF
Tyler Marr, Graduate Management Assistant
SUBJECT
First Reading of Ordinance No. 134, 2015, Making Certain Amendments to Section 17-142 of the Code of the
City of Fort Collins Related to Public Nudity. (Option 1 or Option 2)
EXECUTIVE SUMMARY
The purpose of this item is to bring forth two potential options to the current City Code provisions concerning
public nudity for consideration in light of recent citizen concerns regarding the prohibition on female
toplessness in Fort Collins. Both options would update the section of the Code to read as “Public Nudity” rather
than “Public Indecency.” Both options also include exceptions to the provisions for young children, changing
areas, medical situations, and performance venues.
Option 1 would keep the provision in the Code that does not allow for female toplessness, while adding
exceptions, including an exception for breastfeeding mothers.
Option 2 would update the Code provisions by allowing female toplessness within the City and specifically
prohibiting all nudity below the waist for both sexes, with certain limited exceptions.
STAFF RECOMMENDATION
Staff has no recommendation.
BACKGROUND / DISCUSSION
The current public indecency code reads as follows (Sec 117-142): “No person shall knowingly appear in any
public place in a nude state or state of undress such that the genitals or buttocks of either sex or the breast or
breasts of a female are exposed.”
In light of recent citizen concerns regarding the prohibition of female toplessness, Council requested that staff
draft new options for consideration. The following two options change the term “indecency” to “nudity,” define
the public places in which nudity is prohibited, and provide exceptions for various situations, which include:
Young children (under 10)
Bona fide medical examinations or emergencies
Changing areas
The differences between the ordinances are that one leaves the distinction in place between males and
females, keeping it illegal for females to be topless in public, but provides for protections that do not currently
exist, while the other removes reference to the specific sexes and allows for all toplessness within the City.
Option 1: - Maintain Current Standards while Providing Exceptions
This Option would update the City Code by providing exceptions of the Code provisions for:
ATTACHMENT 1
Agenda Item 18
Item # 18 Page 2
Breastfeeding mothers
Young children (under ten)
Those undergoing bona fide medical examinations or emergencies
Those in changing areas or other places where nudity is explicitly allowed.
Option 1 adds a definition of “public place,” and keeps the language in the Code that prohibits the display of
female breasts.
Option 2: - Remove Prohibition of Female Toplessness
This Option would remove the language in the City Code pertaining to female breasts. It outlines that no
person may be nude below the waist by stating the specific body parts that are to remain covered. This
Ordinance also adds exceptions for:
Young children (under 10)
Bona fide medical examinations or emergencies
Changing areas
Option 2 also adds a definition of “public place”. This Option would update the Code to be similar to the City of
Boulder, which also allows for both male and female breasts to be exposed.
The following is a chart depicting prohibition on toplessness in other local jurisdictions:
Cities Topless Prohibitions
Boulder None
Colorado Springs Exposure of female breasts with the element of
intent to arouse or alarm
Denver None
Greeley Lewd exposure, including the breasts of either sex,
and the element of intent to arouse or alarm
Loveland Female breasts below the top of the nipple
It is important to note that the state law is as follows:
C.R.S. Section 18-7-301. Public indecency.
(1) Any person who performs any of the following in a public place or where the conduct may reasonably be
expected to be viewed by members of the public commits public indecency:
(a) An act of sexual intercourse; or
(b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)
(c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the
genitals, done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person; or
(e) A knowing exposure of the person's genitals to the view of a person under circumstances in which
such conduct is likely to cause affront or alarm to the other person.
(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), public indecency is a class 1 petty
offense.
(b) Public indecency as described in paragraph (e) of subsection (1) of this section is a class 1 misdemeanor if
Agenda Item 18
Item # 18 Page 3
the violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of this
section or for a violation of a comparable offense in any other state or in the United States, or for a violation of
a comparable municipal ordinance.
(3) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)
The State’s definition of “intimate parts” in Section 18-3-401(2) is as follows:
“Intimate parts” means the external genitalia or the perineum or the anus or the buttocks or the
pubes or the breast of any person.”
BOARD / COMMISSION RECOMMENDATION
Both the Women’s Commission and the Human Relations Commission have provided input regarding this item
and have decided to support elimination of the current prohibition on public exposure of the female breast. A
memo from the HRC is provided detailing its reasoning (Attachment 1).
PUBLIC OUTREACH
Public outreach was conducted in the form of an online survey that was available from October 5th to October
12th. The primary goal of this survey was to gauge which option responding citizens were most in favor of and
gather demographic information about them. The results of the survey are attached to this document
(Attachment 2). Major themes of the comments that were generated from the survey are also attached.
(Attachment 3)
.
A complete compilation of the comments can be found at fcgov.com/toplessresults
The survey was promoted through press release, the City’s website, and social media.
ATTACHMENTS
1. HRC Recommendation (PDF)
2. Public Nudity Input Comment Themes (PDF)
3. Public Input Poll Summary Report (PDF)
4. Powerpoint presentation (PDF)
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ORDINANCE NO. 134, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING CERTAIN AMENDMENTS TO SECTION 17-142 OF THE
CODE OF THE CITY OF FORT COLLINS RELATED TO PUBLIC NUDITY
WHEREAS, some citizens have expressed concerns regarding the current prohibition of
the exposure of the female breast in public places in the City; and
WHEREAS, City staff has conducted public outreach, including an online survey, to
inquire whether the majority of the citizens of Fort Collins have similar concerns about such
prohibition; and
WHEREAS, City Council has carefully considered the information obtained from the
public outreach and provided by staff and other sources, and believes that there is strong public
support and desire to retain the current prohibition; and
WHEREAS, in light of such information, City Council finds it to be in the best interest of
the public to maintain the current prohibition of the exposure of the female breast in public and
to exclude from this prohibition children under ten years of age and breastfeeding mothers; and
WHEREAS, City Council also finds it to be in the public interest to retain the prohibition
on intentional exposure of any portion of the genitals or buttocks in public places and to add
provisions excluding from this prohibition children under ten years of age, persons undergoing
bona fide medical examinations or emergencies and persons in changing areas or other places
designated for changing clothes or where nudity is explicitly allowed; and
WHEREAS, the City Council has determined that the City Code amendments set forth
herein are in the best interest of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Council hereby adopts the foregoing recitals as its findings and
conclusions.
Section 2. That Section 17-142 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 17-142. Public nudity.
(a) No person who is ten (10) years of age or older shall intentionally expose any
portion of his or her genitals or buttocks while that person is located:
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(1) in a public right-of-way, in a natural area, recreation area or trail, or
recreation center, in a public building, in a public square, or while located in any
other public place; or
(2) on private property if the person is in a place that can be viewed from the
ground level by another who is located on public property and who does not take
extraordinary steps, such as climbing a ladder or peering over a screening fence,
in order to achieve a point of vantage.
(3) As used in this Section, public place shall mean a place to which the
public or a substantial number of the public has access, and includes but it not
limited to highways including sidewalks, transportation facilities, school, places
of amusement, parks, playgrounds and the common areas of public and private
buildings and facilities, and shall not include any theater, concert hall, museum,
school or similar establishment to the extent the same is serving as a performance
venue.
(b) No female who is ten (10) years of age or older shall knowingly appear in any
public place with her breast exposed below the top of the areola and nipple while located:
(1) in a public right-of-way, in a natural area, recreation area or trail, or
recreation center, in a public building, in a public square, or while located in any
other public place; or
(2) on private property if the person is in a place that can be viewed from the
ground level by another who is located on public property and who does not take
extraordinary steps, such as climbing a ladder or peering over a screening fence,
in order to achieve a point of vantage.
(3) Public place in this Section shall be defined as in Section (a)(3) above.
(c) The prohibition in subsection (a) does not extend to:
(1) persons undergoing bona fide emergency medical examinations or
treatment; or
(2) persons located in dressing rooms, shower rooms, bathrooms, or in other
enclosed areas specifically designated for changing clothes or in which nudity is
explicitly permitted; or
(d) The prohibition in subsection (b) does not extend to women breastfeeding in
places they are legally entitled to be.
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Introduced, considered favorably on first reading, and ordered published this 20th day of
October, A.D. 2015, and to be presented for final passage on the 3rd day of November, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 3rd day of November, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk