By Renee O’Quinn
The Baxley City council unanimously approved the first reading of an Ordinance Amending Chapter 42, Article I of the Code of Ordinance of the City of Baxley by creating a new Section 42-15 “Public Indecency” repealing prior ordinances in conflict and for other purposes at the regular council meeting July 24.
City creates new “Public Indecency” ordinance
The following is the new Section 42-15.
Public Indecency.
(a) Public Indecency Prohibited. It shall be unlawful for any person to commit the offense of public indecency, as hereinafter defined. 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 public:
(1) An actual or simulated act of sexual intercourse or masturbation;
(2) Exposure of the 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 Ilium) exposing the skin or undergarments.
(b) Fines and Penalties.
(1) First offense: A warning shall be issued to the offender.
(2) First offense: A citation shall be issued to the offender and the person shall be subject to a penalty of not less than twenty-five dollars ($25.00).
(3) Third and subsequent offenses: A citation shall be issued to the offender and the person shall be subject to a penalty of not more than two hundred dollars ($200.00). In addition to or in lieu of a fine, the court may order such person to participate in up to forty (40) hours of court approved community service activities.
(4) Offenders shall not be subject to arrest or imprisonment for violation of this ordinance. However, the Municipal Court or other court having jurisdiction shall have the same authority as the Superior Court to enforce obedience to its orders, judgments and sentences, including incarceration.
(c) Defenses. It is a defense to the offense of Public Indecency if it determined, after a hearing or trial, that the offending person was exercising rights protected by the U.S. or Georgia Constitutions. Any defense under this Chapter must be asserted prior to any hearing or trial in the matter.
(d) Partial Invalidity. If any provision or item of this ordinance or the application thereof is held to be 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 of this ordinance are hereby declared severable.
(e) Repeal. All Ordinances and parts of Ordinances in conflict herewith are expressly repealed.
(f) Effective Date. This Ordinance shall become effective immediately upon execution by the Mayor and City Clerk.
The mayor and council will duly adopt the ordinance upon approval of the second reading at the next regular meeting held on Aug. 14.
New business
A public date was set for Aug. 28 at 6:00 p.m. for the following petition for annexation filed by Woody Folsom Ford, Inc. to annex property located at 1633 Golden Isles West and establishing a Business (B2) zone.
The council reviewed and approved the Altamaha Drug Task Force (ADTF) Accounting Policies, and the City of Baxley - Grant Policy and Procedures and Policy and procedures for Communication with Persons with Limited English Proficiency. The policies were unanimously approved in which it would allow the city manager and city attorney to work out some wording and bring back before the council for consideration and approval.
One new water/sewer discount application was approved.
City manager told the council the deep well pump in Industrial Park East is bad and has to be replaced. Following discussions concerning the deep well, the council approved the manager’s recommendation to repair the well with a new pump at a cost somewhere around the $24,000.00-$25,000.00 dollar range and not to exceed $26,500.00. The new pump will have a one-year warranty.
Public Indecency.
(a) Public Indecency Prohibited. It shall be unlawful for any person to commit the offense of public indecency, as hereinafter defined. 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 public:
(1) An actual or simulated act of sexual intercourse or masturbation;
(2) Exposure of the 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 Ilium) exposing the skin or undergarments.
(b) Fines and Penalties.
(1) First offense: A warning shall be issued to the offender.
(2) First offense: A citation shall be issued to the offender and the person shall be subject to a penalty of not less than twenty-five dollars ($25.00).
(3) Third and subsequent offenses: A citation shall be issued to the offender and the person shall be subject to a penalty of not more than two hundred dollars ($200.00). In addition to or in lieu of a fine, the court may order such person to participate in up to forty (40) hours of court approved community service activities.
(4) Offenders shall not be subject to arrest or imprisonment for violation of this ordinance. However, the Municipal Court or other court having jurisdiction shall have the same authority as the Superior Court to enforce obedience to its orders, judgments and sentences, including incarceration.
(c) Defenses. It is a defense to the offense of Public Indecency if it determined, after a hearing or trial, that the offending person was exercising rights protected by the U.S. or Georgia Constitutions. Any defense under this Chapter must be asserted prior to any hearing or trial in the matter.
(d) Partial Invalidity. If any provision or item of this ordinance or the application thereof is held to be 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 of this ordinance are hereby declared severable.
(e) Repeal. All Ordinances and parts of Ordinances in conflict herewith are expressly repealed.
(f) Effective Date. This Ordinance shall become effective immediately upon execution by the Mayor and City Clerk.
The mayor and council will duly adopt the ordinance upon approval of the second reading at the next regular meeting held on Aug. 14.
New business
A public date was set for Aug. 28 at 6:00 p.m. for the following petition for annexation filed by Woody Folsom Ford, Inc. to annex property located at 1633 Golden Isles West and establishing a Business (B2) zone.
The council reviewed and approved the Altamaha Drug Task Force (ADTF) Accounting Policies, and the City of Baxley - Grant Policy and Procedures and Policy and procedures for Communication with Persons with Limited English Proficiency. The policies were unanimously approved in which it would allow the city manager and city attorney to work out some wording and bring back before the council for consideration and approval.
One new water/sewer discount application was approved.
City manager told the council the deep well pump in Industrial Park East is bad and has to be replaced. Following discussions concerning the deep well, the council approved the manager’s recommendation to repair the well with a new pump at a cost somewhere around the $24,000.00-$25,000.00 dollar range and not to exceed $26,500.00. The new pump will have a one-year warranty.
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