Fiscal Note
It is unknown how many citations may be issued under the Ordinance, but, assuming the issuance of two hundred citations annually, there will likely be an increase in General Fund revenues derived from fines ranging from an estimated $20,000 to $50,000.
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AMENDED Repealing and recreating Section 26.01 and amending Section 1.08(3)(a) of the Madison General Ordinances to create an ordinance that specifically addresses various public indecency behaviors including public nudity, public sexual acts and peeping.
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DRAFTER'S ANALYSIS: Madison does not currently have an ordinance that specifically addresses certain behaviors that constitute public indecency, such as public masturbation, public nudity and peeping in windows or other places where individuals have a reasonable expectation of privacy. Currently, public indecency behavior is most commonly addressed through the issuance of disorderly conduct citations. However, disorderly conduct is not always the appropriate charge and may not properly categorize behavior that may be indecent or sexual in nature, and it is extremely difficult for the police department to determine repeat offenders in the category of sex-related offenses with the disorderly conduct ordinance. It is important to be able to identify such repeat offenders for the protection of the community so that such individuals can be dealt with in a more appropriate fashion, such as referral for criminal charges, and so that licensing agencies and employers who conduct background investigations have an accurate assessment of the individual they are potentially licensing or hiring. This ordinance is modeled on the related state criminal statutes, sec. 944.20, and ordinances from other jurisdictions.********************************************************************************** ...
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