2013-09-19

Moscow Public Nudity Ordinance 2002-13

We have a mayoral election coming up, and the repeal of this ordinance is top (so to speak) on my agenda for which boob I'll support (so to speak).

ORDINANCE NO. 2002 - 13

AN ORDINANCE OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE
OF IDAHO; PROVIDING FOR THE AMENDMENT OF MOSCOW CITY CODE 10-1-16;
PROHIBITING THE EXPOSURE TO PUBLIC VIEW OF CERTAIN PARTS OF THE HUMAN
BODY; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED
SEVERABLE; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND
EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING
TO LAW.

WHEREAS, the Council deems that it is in the public interest to regulate
the public exposure of certain parts of the human body; and

WHEREAS, the Council recognizes that in Moscow there is a distinct,
legally recognized difference in our current society regarding the
public reaction to the exhibition of the pubescent and postpubescent
male and pubescent and postpubescent female breast; and

WHEREAS, many cities across the United States (including Detroit,
Michigan; Boston, Massachusetts; Houston, Texas; Dallas, Texas; Los
Angeles, California, and the City of New York, New York) have determined
that there are unwanted secondary effects related to public display of
female breasts; and

WHEREAS, the Council believes that it is the Moscow community standard
to require the coverage of the portions of the body described herein;
and

WHEREAS, the Council wishes to prevent assaults on individual privacy
and intrusion upon those who do not wish to be exposed to parts of the
human body usually understood and accepted in this community to be
private and listed herein; and

WHEREAS, the Council believes it should allow for the breastfeeding of
babies in public; and

WHEREAS, the Council recognizes that the City should not limit willful
exposure of certain body parts in non-public areas and should respect a
person’s choice to do so; and

WHEREAS, it is the intent of this Ordinance that the portion of the
breast which should be covered is that which exposes no part of the
nipple,  the entire areola, and the area contiguous to the areola
including the cleft between the breast and the body below the areola
which extends upward toward the arm or underarm; and

WHEREAS, the Council deems it to be in the community’s best interest to
pass this Ordinance in an effort to fairly balance a person’s right of
self-expression, the sense of appropriateness, and style of dress with
the wishes of other members of the community regarding community mores
and standards of acceptable behavior in the City of Moscow, Idaho; and

WHEREAS, the Council does not desire to regulate breast cleavage as
exposed by some articles of women’s clothing including a dress, blouse,
shirt, leotard, costume, bathing suit, or other such apparel.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
MOSCOW, IDAHO, AS FOLLOWS:

SECTION 1:    That Moscow City Code Title 10, Chapter 1, Section 16 be,
and the same is hereby amended as follows:

Sec. 1-16. Public Nudity.

A.  Definitions:
1. Pubescent or postpubescent female breast.  This shall include the
entire breast once a female begins puberty and continuing throughout her
adult life, but shall not include any portion of breast cleavage.
2. Breast cleavage. The middle depression or furrow between pubescent or
postpubescent female breasts.  The nipple, the entire areola, and the
area contiguous to the areola including the cleft between the breast and
the body below the areola which extends upward toward the arm or
underarm is not considered cleavage.
3. Opaque.  Material which is not transparent or translucent.  Body
paint, body dyes, tattoos, liquid latex whether wet or dried, and
similar substances shall not be considered opaque covering.

B. No person shall willfully expose to view or fail to cover completely
and opaquely any portion of such person's anus, cleft of the buttocks,
genitals, and the pubescent or postpubescent female breast on or in any
public place or place open to public view.

C. Exposure of any portion of a female's breast while she is in the act
of breastfeeding a baby is not a violation of this Section.

D. This Section shall not apply to a person who is prepubescent.

SECTION 2:  SEVERABILITY.  Provisions of this Ordinance shall be deemed
severable and the invalidity of any provision of this Ordinance shall
not affect the validity of remaining provisions.  The remaining sections
of Title 10 shall remain in full force and effect.

SECTION 3: EFFECT ON OTHER ORDINANCES
Where the definitions contained in this Ordinance are in conflict with
relevant portions of the City of Moscow, Idaho, Municipal Code, the
definition contained within those portions of the Moscow Municipal Code
will be unaffected until such time, if any, as they are amended to be
consistent with this Ordinance.

SECTION 4: EFFECTIVE DATE.  This Ordinance shall be effective upon its
passage, approval, and publication according to law.

PASSED by the City Council and APPROVED by the Mayor this 15th day of
July, 2002.


      ___/s/_________________________________
      Marshall H. Comstock, Mayor

ATTEST:


/s/_______________________________
Christine Bainbridge, City Clerk


SUMMARY ORDINANCE PUBLISHED: July 16, 2002

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