[Vision2020] Moscow Ordinance 2002-13 aka The "Topless" Ordinance

Wed Jul 5 23:35:10 PDT 2006

Councilman Dickinson,

As always, thanks for your reply. I have  to disagree with your comparison of the first two ordinances to the  third ordinance you referenced.

 Title 10 Sec. 1-11 is  designed to give police the authority to remove children from danger.  Children do not always understand the difference between playing in the  street in front of their house on a dead end street like Cleveland and  that of playing on a busy section of 3rd off of East City Park. A  police officer has to be able to make that judgment and enforce it for  the safety of the children. I don't think it was intended to harass  children playing catch as you are implying. 

 Title 10 Sec.  1-3. Is a state law also. So its removal does not impact the legal  status of the law because state law supersedes city law. 

  Title 10 Sec. 1-16 is a new law passed with the intention of being the  law of the city. It has a purpose, is enforceable, and is not  superseded, nullified, altered, or reinforced by a state or federal  law. Most laws on the books today that are not enforced are not  enforced because a higher law nullifies them, are no longer applicable  due to changing times, or are simply not enforceable. None of those are  true for this law. I think it is a danger to pass a new law and state  publicly that the police ought not to intentionally enforce a new law  passed by an elected government which it can enforce. 

  Best Regards,

  _DJA

John Dickinson <johnd at moscow.com> wrote:              v\:* {behavior:url(#default#VML);} o\:* {behavior:url(#default#VML);} w\:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);}          st1\:*{behavior:url(#default#ieooui) }                    Hi-

  While I would certainly not attempt to speak for the entire City  Council, I can tell you that Moscow does have a few laws that are  either silly, not enforced, unenforceable, or all of the above. Here is  my little list:

  TITLE 10 Sec. 1-11. Playing in Streets Prohibited.
    It  shall be unlawful for any person to play ball, catch, or other game, or  throw any ball or other object to and fro upon any public thoroughfare  in the City.

  TITLE 10 Sec. 1-3. Expectorating on  Sidewalk or in Public Buildings.
    A.  It shall be unlawful for any person to expectorate or spit upon any of  the sidewalks or upon any theater, public building, church or room used  for public assemblies.
    B.  Any person violating the provisions of this Section shall be deemed  guilty of an infraction and, upon conviction thereof, shall be punished  pursuant to this Code and the Idaho code unless otherwise  specifically provided for in this Chapter.

  TITLE 10 Sec. 1-16. Public Nudity.
    A. Definitions:
    1. Pubescent or post pubescent female breast.  This shall include the entire breast once a female begins puberty and  continuing throughout her adult life, but shall not include any portion  of breast cleavage.
    2. Breast cleavage.  The middle depression or furrow between pubescent or postpubescent  female breasts. The nipple, the entire areola, and the area contiguous  to the areola including the cleft between the breast and the body below  the areola which extends upward toward the arm or underarm is not  considered cleavage.
    3. Opaque.  Material which is not transparent or translucent. Body paint, body  dyes, tattoos, liquid latex whether wet or dried, and similar  substances shall not be considered opaque covering.
    B.  No person shall willfully expose to view or fail to cover completely  and opaquely any portion of such person's anus, cleft of the buttocks,  genitals, and the pubescent or postpubescent female breast on or in any  public place or place open to public view.
    C.  Exposure of any portion of a female's breast while she is in the act of  breastfeeding a baby is not a violation of this Section.
    D. This  Section shall not apply to a person who is prepubescent.

    There  was a time when I thought it would be worth the time to remove these  ordinances, I now find that there are too many other important  activities of the City Council. So until kids playing ball in the  street are rounded up or somebody gets arrested for spitting or girls  are picked up at the swimming pool, I think that unenforced laws don’t  bother anyone.

  John

---------------------------------

    From:  vision2020-bounces at moscow.com [mailto:vision2020-bounces at moscow.com] On Behalf Of Donovan Arnold
  Sent: Tuesday, July 04, 2006 7:10  AM
  To: Tom Hansen; 'Saundra Lund';  'g. crabtree'; vision2020 at moscow.com
  Subject: RE: [Vision2020] Moscow Ordinance 2002-13  aka The "Topless" Ordinance

    Obviously, the current City Council agrees with the topless ordinance  since it has not reversed or changed it.

  _DJA

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