WHEREAS, the laws of the State of Mississippi prohibit public indecency and indecent exposure; and
WHEREAS, the City of Tupelo is authorized to adopt additional laws pursuant to ordinance that are not inconsistent with the general laws of the State of Mississippi; and
WHEREAS, the City of Tupelo finds that specified conduct and acts should be prohibited in public locations.
IT IS HEREBY ordained by the City Council of the City of Tupelo, Mississippi as follows:
1. Public Indecency
It shall be unlawful for any person to willfully perform any of the following acts in a place where a person should reasonably expect to be in view of the public:
1. An act or simulated act of sexual intercourse or masturbation;
2.Exposure of 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.
2. Fines and Penalties
A citation shall be issued to the offender and the person shall be subject to a penalty of not less than fifty dollars ($50.00) for the first offense and not more than two hundred dollars ($200.00) for a subsequent offense. In addition to the fine, the Tupelo Municipal Court may order such person to participate in up to forty (40) hours of court approved community service activities. Violators shall not be subject to arrest or imprisonment for violation of this section, however, the Tupelo Municipal Court shall have full authority to enforce its orders, judgments and sentences.
3. Defenses
It is a defense under this section 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 section must be asserted prior to any hearing or trial in the matter.
4. Severability
If any provision or item of this Ordinance or the application therof is held invalid, such invalidity shall not affect other provisions, items or applications of this Ordinance which can be given affect without the invalid provisions, items or applications, and to this end the provisions of this Ordinance are hereby declared severable.
5.Effective Date
This Ordinance shall become effective after passage and thirty (30) days following publication. The City Clerk shall cause the Ordinance to be published in a local newspaper with general circulation. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
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