Ashland, Oregon
2004

On June 15, 2004, the Ashland City Council approved a modified version of the anti-nudity ordinance. Click here to view the adopted text.

Not content to fill the role of enforcing the law, Ashland Police Chief Michael Bianca proposes a new law of his own. Bianca notes that Oregon has no state law prohibiting mere nudity, and he just KNOWS that must be wrong!

The chief wrings his hands over the possibility that he might not be able to show that someone who is nude is also intoxicated, delusional or violent, conditions he already apparently associateswith nudity when he has the chance.

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RESOURCES

 

Council Communication
Title: An Ordinance Creating a Prohibition Against Public Nudity
Dept: Ashland Police
Date: June 1, 2004
Submitted By: Michael Bianca, Chief of Police
Approved By: Michael Franell, Assistant City Attorney
Gino Grimaldi, City Administrator

Synopsis: Police department requests a city ordinance to address uncivil behavior occurring in past summers of adult persons going without clothes in public areas of town.
Recommendation: Adopt second reading by title only of the ordinance.
Fiscal Impact: Violators could be fined up to $250 in Ashland Municipal Court.
Background: No state law specifically bans public nudity. Situations of naked people in public are generally awkward for police to address but become problematic when the person is not intoxicated, delusional or violent. Such behavior is very upsetting to community sensibilities. Ordinance gives authority for police to stop and detain violators and to give a lawful order to 'cover up'.

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ORDINANCE, AS PROPOSED

ORDINANCE NO. ____

AN ORDINANCE CREATING A PROHIBITION AGAINST PUBLIC NUDITY
 

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. A new section 10.44.012 of the Ashland Municipal Code is adopted to read:

      10.44.012  Public Nudity.
      It is unlawful for any person to expose his or her genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex. This provision is not intended to apply to a person who is prepubescent or who has taken steps to create an envelope of privacy upon their own property and the nudity occurs within that envelope.


The foregoing ordinance was first read on the ____ day of ______, 2004, and duly PASSED and ADOPTED this ____ day of _______, 2004.
Barbara M. Christensen, City Recorder

 SIGNED and APPROVED this ____ day of _______, 200_.
Alan W. DeBoer, Mayor

 Reviewed as to form:
Paul Nolte, City Attorney

___________________________________

 

ORDINANCE, AS ADOPTED

2908 PUBLIC NUDITY

ORDINANCE NO. 2908

AN ORDINANCE CREATING A PROHIBITION AGAINST PUBLIC NUDITY

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. A new section 10.44.012 of the Ashland Municipal Code is adopted to read:

10.44.012 Public Nudity.
00000 It is unlawful for any person to expose his or her genitalia while on public property in the C-1-D (Downtown Commercial) zone or in a public park. This provision is not intended to apply to a person who is prepubescent or who has taken steps to create an envelope of privacy upon their own property and the nudity occurs within that envelope.

The foregoing ordinance was first read on the 4th day of May, 2004, and duly PASSED and ADOPTED this 15th day of June, 2004.
Barbara M. Christensen, City Recorder

SIGNED and APPROVED this 16th day of June, 2004.
Alan W. DeBoer, Mayor

Reviewed as to form:
Paul Nolte, City Attorney

__________________________________

 

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