Fiscal Note
No fiscal impact.
Title
Amending Section 26.01(1) of the Madison General Ordinances to remove extraneous provisions within the section related to Public Indecency.
Body
DRAFTER’S ANALYSIS: This ordinance removes extraneous provisions as the defined term of “nudity” is not cited in the ordinance.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Section 26.01 entitled “Public Indecency” of the Madison General Ordinances is amended as follows:
“(1) As used in this section, "nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.”
(21) Whoever does any of the following is guilty of public indecency:
(a) Commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others.
(b) Publicly and indecently exposes genitals or pubic area.
(c) Engages in masturbation, or conduct which would appear to an ordinary observer to be masturbation, with knowledge that they are in the presence of others or that they can be observed by others.
(32) No person shall do any of the following without the consent of the other person:
(a) Peep into an area where an occupant of the area has a reasonable expectation of privacy, including, but not limited to:
1. restrooms;
2. baths;
3. showers; and
4. dressing rooms.
(b) Go upon the land of another with the intent to peep into an occupied dwelling of another person;
(c) "Peep" means any looking of a clandestine, surreptitious, prying, or secretive nature, whether by direct observation or via camera or other remote viewing or magnification or recording device.
(43) In all cases under Subsections (21) and (32), actions must be conducte...
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