HomeMy WebLinkAboutOrdinance 13-1998 . � ,
ORDINANCE NO. 13-98
AN ORDINANCE PROHIBITING PUBLIC NUDITY AND REGULATING STRIl'DANCING
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BROOKINGS:
WHEREAS, it is a lawful purpose of the City Commission of the City of Brookings to
enact laws to protect and promote the general welfare,health, safety and morals of its citizens;
and
WHERES,the City Commission is empowered to enact such laws pursuant to its Charter
and the Laws and Statutes of the State of South Dakota; and
WHEREAS,the Supreme Court of the United States has held that public nudity can be
constitutionally prescribed, including so-called nude barroom dancing; and
WHEREA5, the Supreme Court has found that a substantial governmental interest exists
in protecting societal order and morality, and that because of this governmental interest, a law
aimed at regulating public conduct, i.e.,nudity, is constitutionally permissible despite its
incidental impact on nude dancing; and
WHEREAS,the Courts have found that nude dancing establishments are frequently used
for unlawful sexual activities, including prostitution, and that such activity encourages
prostitution, sexual assaults and attracts other criminal activity; and �
WHEREAS,nude dancing establishments present an unwholesome atmosphere and
moral setting for young adults and will tend to corrupt the morals of our young people at a
formative time in their lives; and
WHEREAS, there is convincing documented evidence that sexually oriented businesses,
including nude dancing establishments,because of their very nature,have a deleterious effect on
both the existing businesses around them and the surrounding residential areas adjacent to them,
causing increased crime and the downgrading of property values; and
WHEREAS, it is recognized that sexually oriented businesses, including nude dancing
establishments,have serious objectionable operational characteristics,thereby contributing to
urban blight and downgrading the quality of life in the adjacent areas; and
WHEREAS,the City Commission desires to minimize and control the above mentioned
adverse effects and thereby protect the health, safety and welfare of it citizenry; protect the
citizens from increased crime; preserve the property values and character of surrou.nding
neighborhoods; and deter the spread of urban blight; and
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WHEREAS,the purpose or intent of this act is to regulate public conduct and the public
commercial exploitation of sex,without any express or implied intent to suppress or prohibit any
legitimate speech or expression,now therefore,
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF BROOKINGS:
Section 1. It is a violation of this ordinance for any person to knowingly or intentionally,
in a public place:
(1) Engage in sexual intercourse; or
(2) Engage in deviate sexual conduct; or
(3) Appear in a state of nudity; or
(4) Fondle the genitals of himself,herself or another person.
Section 2. As used in this Ordinance:
(1) "Nudity"or"state of nudity"means the showing of the bare human male or female
genitals, anus or pubic area with less than a fully opaque covering; the showing of the
female breast with less than a fully opaque covering of the areola; or the showing of
the covered male genitals in a discernibly turgid state.
(2) "Public place"means any location frequented by the public, or where the public is
present or likely to be present, or where a person may reasonably be expected to be
observed by members of the public. Public places include,but are not limited to
streets, sidewalks,parks,beaches,business and commercial establishments (whether
for profit or not-for-profit) and whether open to the public at large or where entrance
is limited by a cover charge or membership requirement),bottle clubs,hotels, motels,
restaurants, night clubs, country clubs, cabarets and meeting facilities utilized by any
religious, social, fraternal or similar organizations. Premises used solely as a private
residence,whether permanent or temporary in nature, shall not be deemed to be a
public place. Public place shall not include movie theaters, enclosed single sex
public rest rooms, enclosed single sex functional showers, locker and/or dressing
room facilities, enclosed motel rooms and hotel rooms designed and intended for
sleeping accommodations, doctor's offices,portions of hospitals and similar places in
which nudity or exposure is necessarily and customarily expected outside of the
home and the sphere of privacy constitutionally protected therein; nor shall it include
a person appearing in a state of nudity in a modeling class operated by: (1) a
proprietary school, licensed by the State of South Dakota; a college,junior college or
university supported entirely or partly by taxation; or(2) a private college or
university which maintains and operates educational programs in which credits are
transferable to a college,junior college or university supported entirely or partly by
taxation, or an accredited private college.
Section 3. It shall be unlawful for any person or entity maintaining, owning or operating
any public place to operate and knowingly, or with reason to know,permit or allow any person to
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appear nude in such public place or to permit unlawful touching as prohibited by Section 4
thereof.
Section 4. It shall be unlawful for any male or female dancer, stripper or performer to
engage in any physical contact with patrons or customers while dancing or performing,to include
but not limited to,placing of money in the dancers' or stripper' wearing apparel. All such
dancers or performers shall be confined to a stage or designated area separate and apart from the
seating area for patrons and customers.
Section 5. It shall be a violation of this Ordinance for any person or entity to refuse
admittance without fee to any on duty police officer at any time when patrons or customers
remain in said premises.'
Section. 6. No person under twenty-one(21)years of age shall be permitted access to any
public place defined herein which shall permit nude dancing,which otherwise complies with the
provisions hereof.
Section 7. The contents of this ordinance shall constitute contemporary community
standards as they pertain to public nudity and obscene live conduct.
Section 8. This ordinance shall be referred to the electorate of the City of Brookings at an
election to be held within sixty(60)days from the adoption hereof and shall become effective if
approved by a majority of those voting thereon.
Section 9. Penalty. A violation of this Ordinance shall be punishable by a fine of up to
Two Hundred and no/100 ($200.00), or thirty(30) days in jail, or both for each offense.
Section 10. Operation of an establishment in violation of this Ordinance shall constitute a
public nuisance and in addition to all other remedies provided herein, the City Attorney may,by
civil process, seek permanent abatement of said nuisance.
FIlZ5T READING: April 14, 1998
SECOND READING: April 21, 1998
PUBLISHED: Apri128, 1998
CITY OF BROOKINGS
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