Indecent Exposure Ordinance AmendmentTHE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
October 3, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: City of Dubuque Code of Ordinances §33-9 Indecent Exposure
The City Code for indecent exposure is primarily used to cite individuals for public
urination. Under the current City Code, an individual who was urinating in public would
be placed on the Iowa Sex Offender Registry. Assistant City Attorney Crenna Brumwell
is recommending an amendment to correct this unintended consequence.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Crenna Brumwell, Assistant City Attorney
THE CTTY OF
DUB E MEMORANDUM
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CRENNA M. BRUMWELL, ES
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen, City Manager
DATE: September 28, 2007
RE: City of Dubuque Code of Ordinances
§33-9 Indecent Exposure
It was recently brought to my attention that the City's current indecent exposure
ordinance may implicate the Iowa Sex Offender Registry. Under state law, a conviction
for indecent exposure requires an individual to register with the State of Iowa as a sex
offender. If an individual is convicted under the City of Dubuque Code for indecent
exposure it could lead to an individual's placement on the Iowa Sex Offender Registry.
The City Code for indecent exposure is primarily used to cite individuals for public
urination. In order to avoid placement of an individual on the Iowa Sex Offender
Registry for urinating in public, I am attaching an amendment to §33-9 which addresses
the City's primary use of the provision: Public Urination and Defecation.
I recommend this proposed amendment be placed on an upcoming Council Agenda for
consideration. Please let me know if you need further information or would like Jenny to
schedule a meeting. Thank you.
cc: Kim Wadding, Chief of Police
Russ Stecklein, Captain
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org
Preparers Crenna M. Brumwell Address: Suite 330 300 Main Street Dubuque, IA 52001
Telephone: (5631 589-4381
ORDINANCE NO. 54-07
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES SECTION 33-9
INDECENT EXPOSURE BY REVISING THE TITLE TO PUBLIC URINATION AND
DEFECATION AND PROVIDING FOR A SCHEDULED FINE FOR A VIOLATION OF
THIS SECTION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 33-9 Indecent
Exposure is hereby amended to read as follows:
Sec. 33-9. Public Urination or Defecation:
It shall be unlawful for any person to urinate or defecate in or upon any
public or common property including, but not limited to streets, alleys,
sidewalks or in any other place where the person could reasonably expect
to be seen by the public. This section shall not apply to private restrooms
or public facilities designated for such purpose. The scheduled fine for a
violation of this section shall be fifty dollars ($50.00).
Section 2. This Ordinance shall take effect, upon publication.
Passed, approved and adopted this 15th day of October , 2007.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
EFFECT OF AMENDMENT
Sec. 33-9. '^~'°^°^+ ~~^^°~'r°Public Urination or Defecation:
It shall be unlawful for any person to urinate or defecate in or upon any public or
common property including, but not limited to streets, alleys, sidewalks or in any other
place where the person could reasonably expect to be seen by the public. This section
shall not apply to private restrooms or public facilities designated for such
purpose. ,
The scheduled fine for a violation of this section shall be fifty dollars ($50.00).