HomeMy WebLinkAboutConstituent Letter - Mail Packet - 10/20/2015 - Memorandum From Fort Collins Human Relations Commission Re: Updating Municipal Code 17-142 Public Indecency OrdinanceOctober 9, 2015
To: Mayor Wade Troxell
Council Members: Gino Campana, Ross Cunniff, Gerry Horak, Ray Martinez,
Bob Overbeck, Kristin Stephens
From: Fort Collins Human Relations Commission
Re: Updating Municipal Code 17-142: Public Indecency Ordinance
The Current Ordinance:
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.
Members of the HRC believe this ordinance would be more inclusive by not addressing
gender and therefore not suggesting limits to gender categories but instead relying on
the word person to indicate that everyone is affected equally.
On October 8, 2015, members of the Human Relations Commission unanimously
voted to encourage City Council to make one of the following changes to the
ordinance:
1. Delete the following words from the current ordinance:
…of either sex or the breast or breasts of a female…so the ordinance would read:
No person shall knowingly appear in any public place in a nude state or state of undress
such that the genitals or buttocks are exposed.
OR
2. Change the ordinance so it is similar to Colorado Revised Statute 18-7-301 (2015).
(Statute 18-7-301 and the meaning of intimate parts as defined in statute 18-3-401 are
attached.)
COLORADO REVISED STATUTES
TITLE 18. CRIMINAL CODE
ARTICLE 7. OFFENSES RELATING TO MORALS
PART 3. PUBLIC INDECENCY
C.R.S. 18-7-301 (2015)
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.
TITLE 18. CRIMINAL CODE
ARTICLE 3. OFFENSES AGAINST THE PERSON
PART 4. UNLAWFUL SEXUAL BEHAVIOR
C.R.S. 18-3-401 (2015)
18-3-401. Definitions
(2) "Intimate parts" means the external genitalia or the perineum or the anus or the
buttocks or the pubes or the breast of any person.