Ordinance 2011-05

An ordinance relating to appropriate dress in public and to establish fines and civil penalties related to code offenses.

Whereas, the City of Greenville is an Alabama municipal corporation existing under the laws of the State of Alabama; and

Whereas, the City of Greenville finds it necessary and desirable to amend its Code of Ordinances to deal with the issues of inappropriate dress in public within the city limits.

Now, therefore, be it ordained by the City Council of the City of Greenville, Alabama on this 11^th day of July 2011, an amendment regarding “inappropriate dress for persons in certain public places; public exposure in certain attire prohibited” is hereby adopted as an addition to CHAPTER 13, OFFENSES-MISCELLANEOUS, Code of Ordinances, City of Greenville, Alabama as follows:

Section 13-13. Inappropriate Dress for Persons In Certain Public Places; Public Exposure In Certain Attire Prohibited.

Section 1. When on public property, including, but not limited to, buildings, streets, sidewalks, parking lots or buses in the City of Greenville, all persons shall be dressed so as not to violate the provisions or this ordinance whenever such persons appear in public and in view of other persons.

Section 2. Pants worn by any person, regardless of age, should be sized appropriately and secured in such a manner so as to prevent the pants from falling more than three (3) inches below the hips thereby causing exposure of the person’s skin or the person’s undergarments.

Section 3. Fines and civil penalties; community service:

(a) If a juvenile is determined to be in violation of this ordinance, a citation shall be issued to the parent or legal guardian and/or the juvenile. He or she shall be subject to a civil penalty of not less than $25 and not more than $100 for each offense. In addition to the civil penalty, the court may order the parent or legal guardian and/or the juvenile in violation to participate in not less than 10 or more than 20 hours of court approved community service.

(b) If an adult is determined to be in violation of this ordinance a citation shall be issued to the person and the person shall subject to a civil penalty of not less than $25 and not more than $200 for each offense. In addition to the civil penalty, the court may order the parent or legal guardian and/or the juvenile in violation to participate in not less than 10 or more than 40 hours of court approved community service.

Section 4. Any person in violation of this ordinance shall be issued a citation and subject to the civil penalties described above.  To this end,  a violation of this ordinance shall not be deemed a criminal offense; thus, violators shall not be subject to arrest, imprisonment or other criminal penalty for violation of this ordinance.

Section 5. Should any provision of this ordinance or the application thereof be held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, items or applications of this ordinance which shall ne given effect without the invalid provisions, items or applications, and to this end the provisions of this ordinance are hereby declared severable.

Section 6. All ordinances or parts of ordinances in conflict herewith are herby repealed.

Adopted and enacted by the Greenville City of Council on this 11^th day of July, 2011, and effective upon its proper publication as required by law.