HomeMy WebLinkAboutCity Council Ordinance 1981-05W
ORDINANCE NO. 81-05
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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.
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(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.
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Section 2. The Plymouth City Code is amended by adding a new
section to read:
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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.
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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