During policy and planning Tuesday, the Pella City Council will bring back discussion about the future of how the city moves forward with control of functions at the Pella Public Library and potential expansion of indecent exposure ordinances in the community.

No formal action will be taken, but a drafted ordinance will be brought before the council to explore options as it relates to control of the Pella Public Library. 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, in which the Library Board of Trustees does not have the authority to direct and control all affairs.

According to the city’s legal counsel, the ordinance does not change any First Amendment protections for library materials and patrons. If the 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. The ordinance would also require a public referendum before it could be adopted.

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.

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.

The Pella City Council can choose how to proceed informally, but no vote will be taken at the meeting that begins at 6:00 Tuesday evening in the Pella Public Safety Complex. It can also be listened to online: https://join.me/CityofPella