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HomeMy WebLinkAboutCity Council Ordinance 1981-05W ORDINANCE NO. 81-05 W AN ORDINANCE RELATING TO INDECENT SEXUAL CONDUCT AND NUDITY AND ADDING NEW SECTIONS TO THE CODE THE CITY COUNCIL OF THE CITY OF PLYMOUTH DOES HEREBY ORDAIN: Section 1. The Plymouth City Code is amended by adding a new section to read: 2005.21. Indecent Sexual Conduct. { Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (a) "Consent" means a voluntary uncoerced manifestation of a present agreement to perform a sexual act. (b) "Intimate parts" includes the primary genital area, groin, inner thigh, buttocks or breast of a human being. I (c) "Sexual contact" includes any of the following acts committed i without the complainant's consent, if the acts can reasonably be construed as being for the purpose of satisfying the actor's sexual or aggressive impulses: 1) The intentional touching by the actor of the complainant's intimate parts, or 2) The coerced touching by the complainant of the actor's, the complainant's or another's intimate parts, or 3) The coerced touching by another of the complainant's intimate parts, or 4) In any of the above cases, of the clothing covering the immediate area of the intimate parts. i (d) "Complainant" means a person alleging to have been subjected to i indecent sexual conduct, but need not be the person signing the complaint. (e) "Actor" means a person accused of the crime of indecent sexual conduct. i (f) "Coercion" means a threat to unlawfully inflict bodily harm upon or hold in confinement, the person threatened or another. Subdivision 2. It is unlawful for any person to engage in sexual contact with another person without their consent. ' Subdivison 3. A person does not commit indecent sexual conduct under Subdivision 2 above if the actor and the complainant were adults co- habiting in an ongoing voluntary sexual relationship at the time of the alleged offense, or if the complainant is the actor's legal spouse, unless the couple is living apart and one of them has filed for legal separation or dissolution of the marriage. t 'I Section 2. The Plymouth City Code is amended by adding a new section to read: !I 2005.23. Prohibition of Nudity in Certain Establishments. Subdivision 1. Definitions. The following terms have the meanings ascribed to them in this section: (a) "Nudity" means the showing of the post -pubertal human male or j female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of a post -pubertal female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the showing of covered male genitals in a discernibly turgid state. '! (b) "Sadomasochistic abuse" means scenes involving a person or per- sons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical restraint of any such persons. (c) "Sexual conduct" means acts of masturbation, homosexuality, sex- ual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks or, if such a person is female, her breast. 'l it (d) "Sexual excitement" means the condition of the human male or female genitals or the breasts of the female when in a state of sexual stimulation or the sensual experience of humans engaging in orwitnessing sexual conduct or nudity. Subdivision 2. Prohibition. It shall be unlawful: (a) For the licensee, owner or manager of any establishment licensed pursuant to Chapter XII of this Code to permit i or allow in such establishment any nudity, sadomasochistic abuse, sexual conduct or sexual escitement as defined in this section. (b) For any person to participate or engage in any such conduct. Section 3. This ordinance is effective upon passage and publication. Dated: March 16, 1981 ,An-� X/- 7 Acting Mayor ATTEST: Clerk