ORDINANCE NO. 1456
AN ORDINANCE ENACT SECTION 7-58 OF ARTICLE II OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CROWLEY TO PROHIBIT THE WEARING OF OUTER CLOTHING SAGGING BELOW THE WAIST EXPOSING THE UNDERGARMENTS IN PUBLIC PLACES OR IN PUBLIC VIEW; TO PROVIDE DEFINITIONS THEREOF; TO PROVIDE PENALITIES FOR VIOLATION; TO REPEAL ALL ORDINANCES OR PARTS OF ORDINANCES CONTRARY THERETO OR IN CONFLICT THEREWITH; AND TO PROVIDE FOR ALL MATTERS RELATIVE THERETO.
WHEREAS, the wearing of sagging outer clothing below the waist exposing the undergarments of the wearer has become a public nuisance in and on private retail and commercial business establishments and on public property, including but not limited to parks, playgrounds and streets; and
WHEREAS, the practice of wearing outer clothing sagging below the waist gives the appearance of an imminent possible exposure of private parts which causes a distraction and disturbance to drivers while operating vehicles, pedestrians walking on public streets, sidewalks and crosswalks, and in private business establishments creating a nuisance; and
WHEREAS, the practice of wearing outer clothing sagging below the waist is not identified or associated with free speech or expression or serves a public purpose; and
WHEREAS, this ordinance was duly introduced and notice of this ordinance and of the public hearing having been published; and
WHEREAS, a public hearing having been held in accordance with law on the 13th day of August, 2013, at 6:00 o'clock p.m. at City Hall, Crowley, Louisiana; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF CROWLEY, ACADIA PARISH, LOUISIANA, IN REGULAR SESSION DULY CONVENED THAT:
SECTION 1: That Article II, Chapter 7 of the Code of Ordinances of the City of Crowley be amended to add thereto Section 7-58 to read as follows, to-wit:
Sec. 7-58. Exposure of Underwear and/or Undergarments.
(a) Prohibited. It shall be unlawful for any person to wear outer clothing or garments, including but not limited to trousers, pants, shorts and/or other outer garments designed to be worn at or below the waist of the body and in such a manner as to expose a person's underwear or undergarments in a public place or in public view.
(1) Public Place or in Public View. Any place, parcel, site, lot, tract, servitude, right of way or property, whether publicly or privately owned, which is accessible and open to the public at any time for any purpose whatsoever and shall include any part of private property or private residences which may be openly viewed from other property and there is no reasonable expectation of privacy. This definition shall not include areas of private property such as courtyards, patios or other outdoor areas enclosed by solid walls, fences and gates, interior rooms or areas which windows or openings are covered with opaque material covering the opening providing a reasonable expectation of privacy.
(2) Underclothing, Underwear, Undergarments. Underclothing, underwear and undergarments shall include all types of clothing or garments which are designed and intended to be worn by a person or placed on the body at or below the waist and covered by outer clothing or an outer layer of garments.
(c) Penalties. Any person in violation of this Ordinance shall upon conviction thereof be guilty of a misdemeanor and shall be subject to a fine of not more than Two Hundred & No/100 ($200.00) Dollars or a prison term of not less than sixty (60) days or both. The same person convicted of a second offense shall be subject to a minimum fine of not less than One Hundred & No/100 ($100.00) Dollars and a prison term of not less than fifteen (15) days and up to sixty (60) days, or both. Upon conviction of a third and subsequent violation, a person shall be subject to a fine of not less than One Hundred Fifty & No/100 ($150.00) Dollars and not more than Two Hundred & No/100 ($200.00) Dollars or a prison term of not less than thirty (30) days but not more than sixty (60) days or both.
SECTION 2: If any provision, part, word, section, subsection, sentence, clause or phrase of this ordinance should be held invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance and do hereby declare the provisions hereof to be severable, then in that event, only that particular provision, part, word, section, subsection, sentence, clause or phrase shall be deemed unconstitutional or invalid and the remaining provisions, parts, words, sections, subsections, sentences, clauses or phrases will not be affected and shall continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances inconsistent with or in conflict herewith be and the same are hereby repealed.
THUS DONE, SIGNED AND ADOPTED in regular session duly convened on this the 13th day of August, 2013, at Crowley, Acadia Parish, Louisiana, after a roll call vote as follows:
YEAS: Elliot Doré, Jeff Doré, Lyle Fogleman, Mary Melancon, Steven Premeaux and Kitty Valdetero
ABSENT: Bryan Borill, Vernon Martin and Laurita Pete
GREG A. JONES, MAYOR
JUDY L. ISTRE, CITY CLERK
I, JUDY L. ISTRE, Clerk of the City of Crowley, do hereby certify that the above and foregoing ordinance is a true and correct copy of the ordinance of the Mayor and Board of Aldermen of the City of Crowley adopted in regular session on the 13th day of August, 2013, at which a quorum was present and acting throughout.
JUDY L. ISTRE, CITY CLERK
RECORDATION CITY OF CROWLEY PARISH OF ACADIA STATE OF LOUISIANA
Resolution or Ordinance #_____________
Regular or Special Meeting (Circle One)
Date of Meeting _____________________
Minute Book Number _________________