During policy and planning Tuesday, the Pella City Council discussed how they intend to move forward with control of functions at the Pella Public Library and potential expansion of indecent exposure ordinances in the community.

No formal action was taken, but a drafted ordinance was brought before the council to explore options as it relates to control of the Pella Public Library, but that will not advance through their chambers. Currently, Chapter 22 of the Pella City Code provides the Library Board of Trustees with the authority to direct and control all affairs of the library; the only city department which is currently under the authority of a separate board, otherwise, all others report to the City Administrator, who then reports to the Pella City Council. The drafted ordinance was modeled after the City of Clive’s library.

The ordinance would have required a public referendum before it could be adopted — if that were to now proceed, it would require a petition of eligible city of Pella voters to place on a ballot. The Pella City Council does not support the measure, mainly because some members explained that a change in power wouldn’t give them the ability to do much different than the current library and that the goals of a vocal group of residents who have attending meetings frequently to remove certain books from the shelves need to be addressed at the state or federal level. Pella Mayor Don DeWaard also says he has the ability to appoint members to the board, who are then voted on by council, and other discussion mentioned how the city still controls the library’s budget. According to the city’s legal counsel, the ordinance does not change any First Amendment protections for library materials and patrons. If the Pella City Council were to exercise more control over the library, it would still be restricted by the same Constitutional protections currently in place for the Board of Trustees.

Additionally, another drafted change could update the city’s definition of indecent exposure. The ordinance would regulate indecent exposure for body parts not covered under current state law, which generally pertain to pubic and genital areas. Any violation of this ordinance if adopted would be a municipal infraction–not criminal, which is punishable by a $250 fine for the first offense. According to a staff memo and the city’s legal counsel, numerous cities across Iowa have already adopted similar ordinances that expand beyond state law.

The following exceptions would be considered — and possibly more, after discussion by the Pella City Council:
A. When the conduct cannot constitutionally be prohibited by this section because it is otherwise
protected by the United States Constitution or the State of Iowa Constitution.
B. A mother breastfeeding her child or expressing breast milk in any public or private location.
C. Any bona-fide medical treatment or procedure.
D. Conduct regulated under Iowa Code Chapter 728.
E. When the conduct occurs in a theater, concert hall, art center, museum, or similar establishment which is primarily devoted to the arts or theatrical performances and in which any of the circumstances contained in this section were permitted or allowed as part of such art exhibits or performances

DeWaard said the goal of this ordinance is to take the burden off of other city employees when it comes to determining what indecent exposure is, and instead further place that responsibility on the Pella Police Department. The measure received more broad–albeit informal, support, as Pella’s current law does not include as many provisions as other Iowa communities (see below). It will come back at a future meeting for further discussion and possible action.

Listed below is a brief summary of the various nudity ordinances (taken directly from the Pella City Council memo):
• The following cities have nudity ordinances referring to a woman’s nipple, the areola, full breast, and anus of a male or female: Ankeny, Cedar Rapids, Cummings, Des Moines, West Branch, West Des Moines, and Windsor Heights.
• Council Bluffs has a nudity ordinance similar to those above; however, it also references the anus or buttocks of a male or female.
• The following cities have nudity ordinances that read similar to Iowa Code 709.9 adding references to buttocks, female breasts, and additional sex act: Indianola, Iowa City, and West Burlington.
• The following cities have ordinances referring to public nudity: Nevada, North Liberty (includes references to breast and buttocks), Ottumwa, Steamboat Rock.