Jᴀᴄᴜʀᴜᴛᴜ - Tʜᴇ Cᴀsᴛ Oᴜᴛ

Freakzilla wrote:How can you run from the police in pants like that?

trang wrote:ignorant of any style or class (I'm conservative, and is my opinion, people do what the do).

A Thing of Eternity wrote:I think the style is silly/ugly, not sure what it would be ignorant of exactly.

AN ORDINANCE
ENTITLED
AN ORDINANCE AMENDING ARTICLE IV CHARTER 38 OF THE CITY CODE
BY REPEALING THE PRESENT SECTION 38-147; CREATING A NEW SECTION
38-147 "PUBLIC INDECENCY PROHIBITED"; REPEALING PRIOR
ORDINANCES IN CONFLICT AND FOR OTHER PURPOSES.

WHEREAS, the laws of the State of Georgia prohibit public indecency and authorize
municipalities to enact similar legislation, all so as to protect and preserve the health, safety, and
welfare of the citizens of the City; and

WHEREAS, the City of Albany finds exposure of an individual's buttocks, genital area
or undergarments is lewd and indecent; and

WHEREAS, the City of Albany desires to respond to the adverse effects of such
lewdness so as to protect the health, safety, and welfare of the citizenry; and

WHEREAS, the City of Albany recognizes that wearing saggy pants is injurious to
public health, safety and welfare; and

WHEREAS, with the passage of any ordinance, the City of Albany accepts as binding
the applicability of general principles of criminal and civil law and procedure and the rights and
obligations under the United States and Georgia Constitutions, Georgia Code, and the Georgia
Rules of Civil and Criminal Procedure; and

WHEREAS, it is not the intent of this ordinance to suppress any speech activities
protected by the U.S. Constitution or the Georgia Constitution, but to enact this legislation to
combat the effects of indecency/lewdness.

Purpose. It is the purpose of this ordinance to respond to certain acts of lewdness and
indecency in order to promote the health, safety, morals, and general welfare of the citizens of
the City of Albany. The provisions of this Ordinance have neither the purpose nor effect of
imposing a limitation or restriction on any rights protected by the United States Constitution or
the Constitution of the State of Georgia.

Findings and Rationale. Based on evidence of the adverse effects of public indecency and
lewdness, including the wearing of saggy pants as defined in Section 2 (7) below, and public
indecency being a rational basis upon which to enact the instant ordinance, see e.g. the plurality
opinion in Barnes v. Glen Theatre, Inc. 501 U.S. 560,567-72 (1991).

NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of the City of
Albany, Georgia and it is hereby ordained by authority of same:

SECTION 1. Section 38-147 of the City Code entitled "Defecation In public" IS
repealed.

SECTION 2. Hereafter, Section 38-147 of the City Code shall read "Public Indecency
Prohibited"

(a) A person commits the offense of public indecency when he or she performs any
of the following acts in a place where a person should reasonably expect to be in view of
the public:

(1) An actual or simulated act of sexual intercourse or masturbation;
(2) Exposure ofthe genitals;
(3) A lewd appearance in a state of partial or complete nudity;
(4) A lewd caress or indecent fondling of the body of another person;
(5) A lewd caress or indecent fondling of the sexual organs of any person, including
oneself;
(6) Urination or defecation; or
(7) Appears wearing pants or skirts more than three inches below the top of the hips
(crest of the ilium) exposing the skin or undergarments.

(b) Fines and penalties - A citation shall be issued to the offender and the person
shall be subject to a penalty of not less than twenty five dollars on the first offense
and not more than two hundred dollars for each subsequent offense. In addition
to or in lieu of a fine, the court may order such person to participate in up to forty
hours of court approved community service activities. Violators shall not be
subject to arrest or imprisonment for violation of the section, however, the
municipal court shall have the same authority as the superior court to enforce
obedience to its orders, judgments and sentences.

(c) Defenses- It is a defense under the subchapter if it is determined, after a hearing
or trial, that the person was exercising rights protected by the Federal or State
Constitution. Any defense under this subsection must be asserted prior to any
hearing or trial in the matter.

SECTI ON 3. If any provision or item of this ordinance or the application thereof is held
invalid, such invalidity shall not affect other provisions, items, or applications of this ordinance
which can be given effect without the invalid provisions, items or applications, and to this end
the provisions ofthis ordinance are hereby declared severable.

SECTION 4. All ordinances and parts of ordinances in conflict herewith are expressly
repealed.

WHEREAS, the City of Albany recognizes that wearing saggy pants is injurious to
public health, safety and welfare; and

Freakzilla wrote:It's an AMENDMENT to the city public decency ordinance:

(7) Appears wearing pants or skirts more than three inches below the top of the hips
(crest of the ilium) exposing the skin or undergarments.

Freakzilla wrote:

Freakzilla wrote:It's an AMENDMENT to the city public decency ordinance:

(7) Appears wearing pants or skirts more than three inches below the top of the hips
(crest of the ilium) exposing the skin or undergarments.

Notice, they're not banning sagging pants, just pants that sag more than three inches.

Freakzilla wrote:Notice this law REPEALS the "Defication In Public Act".