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AN ORDINANCEAMENDING CHAPTER 42, ARTICLE I OF THE CODE OF ORDINANCES

OF THE CITY OF BAXLEY BY CREATING A NEW SECTION 42-15"PUBLIC INDECENCY", REPEALING PRIOR ORDINANCES IN CONFLICT,

AND FOR OTHER PURPOSES

WHEREAS, the laws of the State of Georgia prohibit public indecency andauthorize municipalities to enact similar legislation, all so as to protect and preserve thehealth, safety and welfare of the citizens of the municipality; and

WHEREAS, the City of Baxley finds exposure of an individual's buttocks, genitalarea and undergarments is lewd and indecent; and

WHEREAS, the City desires to respond to the adverse effects of such lewdnessso as to protect the health, safety, and welfare of the citizenry; and

WHEREAS, the City recognizes that wearing saggy pants is injurious to publichealth, safety and welfare; and

WHEREAS, with the passage of any ordinance, the City of Baxley accepts asbinding the applicability of general principles of criminal and civil law and procedure andthe rights and obligations under the United States and Georgia Constitutions, GeorgiaCode, and the Georgia Rules of Civil and Criminal Procedure; and

WHEREAS, it is not the intent of this Ordinance to suppress any speech activitiesprotected by the U.S. Constitution or the Georgia Constitution, but to enact thislegislation to combat the effects of indecency and lewdness.

PURPOSE: It is the purpose of this Ordinance to respond to certain acts oflewdness and indecency in order to promote the health, safety, morals and generalwelfare of the citizens of the City of Baxley. The provisions of this Ordinance haveneither the purpose nor effect of imposing a limitation or restriction on any rightsprotected by the Unites States Constitution or the Constitution of the State of Georgia.

FINDINGS AND RATIONALE: Based on evidence of the adverse effects ofpublic indecency and lewdness, including the wearing of saggy pants as defined inSection 42-15(a)(7) below, and public indecency being a rational basis upon which toenact the instant Ordinance, see e.g. the plurality opinion in Barnes v. Glen Theatre,Inc. 501 U.S. 560, 567-72 (1991).

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City ofBaxley, and it is hereby ordained by authority thereof in regular meeting dulyassembled, that a new Section 42-15 of the Code of Ordinances is created andadopted, as follows:

Sec. 42-15. Public Indecency.(a) Public Indecency Prohibited. It shall be unlawful for any person to commit

the offense of public indecency, as hereinafter defined. A person commits the offenseof public indecency when he or she performs any of the following acts in a place wherea person should reasonably expect to be in view the public:

(1) An actual or simulated act of sexual intercourse or masturbation;(2) Exposure of the genitals;(3) A lewd appearance in a state of partial or complete nudity;(4) A lewd caress or indecent fondling of the body of another person;(5) A lewd caress or indecent fondling of the sexual organs of any person,

including oneself;(6) Urination or defecation; or(7) Appears wearing pants or skirts more than three inches below the top of the

hips (crest of the ilium) exposing the skin or undergarments.

(b) Fines and Penalties.(1) First offense: A warning shall be issued to the offender.(2) Second offense: A citation shall be issued to the offender and the person

shall be subject to a penalty of not less than twenty-five dollars ($25°°).(3) Third and subsequent offenses: A citation shall be issued to the offender and

the person shall be subject to a penalty of not more than two hundred dollars ($200°°).In addition to or in lieu of a fine, the court may order such person to participate in up toforty (40) hours of court approved community service activities.

(4) Offenders shall not be subject to arrest or imprisonment for violation of thisOrdinance. However, the Municipal Court or other court having jurisdiction shall havethe same authority as the Superior Court to enforce obedience to its orders, judgmentsand sentences, including incarceration.

(c) Defenses. It is a defense to the offense of Public Indecency if it determined,after a hearing or trial, that the offending person was exercising rights protected by theU.S. or Georgia Constitutions. Any defense under this Chapter must be asserted prior toany hearing or trial in the matter.

(d) Partial Invalidity. If any provision or item of this Ordinance or the applicationthereof is held to be invalid, such invalidity shall not affect other provisions, items orapplications of this Ordinance which can be given effect without the invalid provisions,items or applications, and to this end the provisions of this Ordinance are herebydeclared severable.

(e) Repeal. All Ordinances and parts of Ordinances in conflict herewith areexpressly repealed.

(f) Effective Date. This Ordinance shall become effective immediately uponexecution by the Mayor and City Clerk.

READ at a regular meeting of the Mayor and Council of the City of Baxley heldon the 24th day of July, 2012.

DULY ADOPTED by the Mayor and Council of the City of Baxley, after secondreading, at a regular meeting held on the 14th day of August, 2012.

Steve Rigdon, Mayor

Attest _Von Spell, Clerk

(CITY SEAL)