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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 Masterpiece on the Mississippi n ~~_ ~, ~~J v 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).