Windham, Connecticut

Anti-Nudity Ordinance, 2003

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Proposed amendment to Chapter Nine of the Town of Windham Code of Ordinances:

Sec. 9-4.  Public Indecency

Findings and Purposes

The Board of Selectmen of the Town of Windham, Connecticut finds:

(1) Occurrence of acts of public indecency means that the town's resources will be taxed in several ways including that the police will be required to respond to incidents and problems associated with public indecency and the places it is likely to occur, including but not limited to excessive alcohol consumption, immorality, prostitution and criminal activity.

(2) Devoting police resources to such incidents and problems in connection with acts of public indecency is costly to the citizens of the Town of Windham.

(3) The prohibition of public indecency is in the best interest of Town residents, its police officers and the community in general. 

(4) Public indecency is detrimental to the general welfare, health and safety of the citizens of Windham.

(5) The Constitution and laws of the State of Connecticut, including Section 7-148, grant to the Town powers, especially the police power, to enact reasonable legislation and measures to regulate and supervise the public acts of individuals in order to protect the public health, safety and welfare.

(b) Committing public indecency; exception

(1) A person who knowingly or intentionally does any of the following in a public place commits public indecency, a summary offense:

a.     Engages in sexual intercourse, as defined in this ordinance;

b.     Engages in deviate sexual intercourse as defined in this ordinance;

c.     Appears in a state of nudity; or

d.     Fondles the genitals of himself, herself, or another person.

(2) The prohibition set forth in subsection (1)c hereof shall not apply to:

           a.      Any child under ten years of age; or

           b.      Any individual exposing a breast in the process of breastfeeding an infant under two years of age.

(c)  Definitions

As used in this ordinance, certain terms are defined as follows:

(2) "Sexual intercourse", in addition to its ordinary meaning includes intercourse per os or per anus, with some penetration however slight; emission is not required.

(3) "Deviate sexual intercourse."  Sexual intercourse per os or per anus between human beings and any form of sexual intercourse with an animal. The term also includes penetration, however slight, of the genitals or anus of another person with a foreign object for any purpose other than good faith medical, hygienic or law enforcement procedures.

(4) "Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device, costume, or covering which is worn as a cover over the nipples and/or areola, and simulates and gives the realistic appearance of nipples and/or areola.

(5) "Public place" includes all outdoor places owned by or open to the general public and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.

(d) Abatement of nuisances authorized

In addition to the specific penalties provided in this ordinance, it is hereby declared that any building, portion of a building, or enclosed place regularly used for the prohibited display of public nudity is a public nuisance, subjecting the owner, proprietor or other operator thereof to any and all actions authorized by the State of Connecticut for the abatement of public nuisances.

(e)  Construction and Severability

It is the intention of the Town of Windham that the provisions of this ordinance be construed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights consistent with the purposes of this ordinance. Should a court of competent jurisdiction determine that any part of this ordinance, or any application or enforcement of it is excessively restrictive of such rights or liberties, then such portion of the ordinance, or specific application of the ordinance, shall be severed from the remainder, which shall continue in full force and effect.

(f) Enforcement

Whoever violates any provision of this ordinance, either by commission of public indecency or by the promotion or maintenance of public indecency as a property owner, proprietor or manager of a business, shall be guilty of a violation and subject to the penalties and actions provided herein and in Section 1-7 of the Town of Windham Ordinances. If enforcement is by citation, the violator shall be given a written warning before issuance of a citation. A written warning need not be given to a person more than one time for more than one citation to issue to that same person.

(g) Applicability

This ordinance shall be effective notwithstanding any contrary Town ordinance or regulation or any contrary provision thereof.

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