By Renee O’Quinn
The Baxley City Council approved the second reading and adoption of an ordinance amending Chapter 43, Article I of the Code of Ordinances of the City of Baxley by creating a New Section 42-15 “Public Indecency,” at the regular council meeting August 14. Mayor Steve Rigdon stated that they have received nothing but positive comments from citizens concerning the “Saggy Pants” ordinance. There has been regional coverage from WTOC concerning Baxley’s “Saggy Pants” Ordinance. The amended ordinance is as follows:
City passes ordinance on Public Indecency
AN ORDINANCE AMENDING CHAPTER 42, ARTICLE I OF THE CODE OR ORDINANCES OF THE CITY OF BAXLEY BY CREATING A NEW SECTION 42-15 “PUBLIC INDECENCY,” 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 municipalities; and
WHEREAS, the City of Baxley finds exposure of an individual’s buttocks, genital area and undergarments is lewd and indecent; and
WHEREAS, the City desires to respond to the adverse affects of such lewdness so as to protect the health, safety and welfare of the citizenry; and
WHEREAS, the City recognizes that wearing saggy pants is injurious to public health, safety and welfare; and
WHEREAS, with the passage of any ordinance, the City of Baxley accepts as binding the applicability of general principals 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 Procedures; 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 and 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 Baxley. The provisions of this Ordinance have neither the purpose nor affect 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 affects of public indecency and lewdness, including the wearing of saggy pants as defined in Section 42-15(a)(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 Mayor and Council of the City of Baxley, and it is hereby ordained by authority thereof in regular meeting duly assembled, that a new section 42-15 of the Code of Ordinances is created and adopted.
Old business
The members of City Council considered two annexations at the regular council meeting. The Council unanimously approved the first reading for annexations, the first one for property located at 71 Jennifer Lane, owned by Greg Herrin, to establish a residential R-15 zone, and the other for property located at Harry Street, owned by Juan J. Diaz, to establish a business/residential BR-1 zone.
New business
The council approved a new application by a 3 to 1 vote for license to sell package beer and wine from OM Food Mart, formerly Jumpin’ Jacks, at 376 W. Parker Street, now owned by Kailashben Patel. Council members Betty Livingston, Kenneth Waithe and Pat Williams voted to approve the application. Tim Varnadore voted against the application.
Reports
Mayor Steve Baxley announced that there would be a Transportation Investment Act meeting scheduled for August 20 at 1:30 p.m. at the Vidalia Community Center. This is an important meeting hosted by the Georgia Department of Transportation and is considered a “Next Step” meeting after region passage of the T-SPLOST. He encouraged the council members to attend.
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 municipalities; and
WHEREAS, the City of Baxley finds exposure of an individual’s buttocks, genital area and undergarments is lewd and indecent; and
WHEREAS, the City desires to respond to the adverse affects of such lewdness so as to protect the health, safety and welfare of the citizenry; and
WHEREAS, the City recognizes that wearing saggy pants is injurious to public health, safety and welfare; and
WHEREAS, with the passage of any ordinance, the City of Baxley accepts as binding the applicability of general principals 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 Procedures; 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 and 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 Baxley. The provisions of this Ordinance have neither the purpose nor affect 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 affects of public indecency and lewdness, including the wearing of saggy pants as defined in Section 42-15(a)(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 Mayor and Council of the City of Baxley, and it is hereby ordained by authority thereof in regular meeting duly assembled, that a new section 42-15 of the Code of Ordinances is created and adopted.
Old business
The members of City Council considered two annexations at the regular council meeting. The Council unanimously approved the first reading for annexations, the first one for property located at 71 Jennifer Lane, owned by Greg Herrin, to establish a residential R-15 zone, and the other for property located at Harry Street, owned by Juan J. Diaz, to establish a business/residential BR-1 zone.
New business
The council approved a new application by a 3 to 1 vote for license to sell package beer and wine from OM Food Mart, formerly Jumpin’ Jacks, at 376 W. Parker Street, now owned by Kailashben Patel. Council members Betty Livingston, Kenneth Waithe and Pat Williams voted to approve the application. Tim Varnadore voted against the application.
Reports
Mayor Steve Baxley announced that there would be a Transportation Investment Act meeting scheduled for August 20 at 1:30 p.m. at the Vidalia Community Center. This is an important meeting hosted by the Georgia Department of Transportation and is considered a “Next Step” meeting after region passage of the T-SPLOST. He encouraged the council members to attend.
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