At policy and planning during this Tuesday’s Pella City Council meeting, another discussion will be held regarding a potential ordinance expanding penalties for indecent exposure.

An additional exception would be considered for an ordinance first brought before the council two weeks ago, which would add language as it relates to any conduct occurring in the routine use of restrooms, locker rooms, and similar facilities. Other exceptions included in the new ordinance if approved would be:

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

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.

At the last meeting, Mayor Don 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). Assuming the new addition is accepted informally, the proposal will likely garner a public hearing in the near future.

Listed below is a brief summary of the various nudity ordinances from around the state that currently go further than Pella’s policy (taken directly from the Pella City Council memo on April 5th):
• 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.