The City of Fort Collins is looking for opinions from its residents about potentially changing a municipal ordinance. Currently, any type of nudity is prohibited in this city. However, a group of citizens is requesting the Public Indecency Municipal Ordinance be updated to allow woman to be topless in public. Fort Collins city council will be deciding October 20, 2015 whether to update the ordinance and allow woman to be topless in public, or to maintain the current ordinance but make an exception for breastfeeding mothers. If you are a Fort Collins resident and are interested in expressing your opinion, you can take the 4-question survey. Let’s look into the municipal code and its specifics.
Fort Collins Municipal Ordinance: Topless = Public Indecency
Sec. 17-142 of the Fort Collins Municipal Code defines Public Indecency as:
The new changes would still forbid any nudity from the waist down by any person over the age of 10. The only exceptions to this rule are for medical emergencies, performance venues, and changing areas. Now, this change would only apply within the city limits. Outside the city limits or in Loveland and Estes Park, a topless woman would receive a ticket or summons which becomes a criminal matter.
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Public Indecency in Larimer County – Colorado Law Tells a Different Story
If a person receives a summons to appears in Larimer County Court for Public Indecency, they would be held to the Colorado law criminal statute. Colorado law defines Public Indecency – C.R.S. 18-7-301 – as:
(a) An act of sexual intercourse; or
(c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or
(d) A lewd fondling or caress of the body of another person; or
(e) A knowing exposure of the person’s genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person.
If the accused was charged with Public Indecency for (a), (c), or (d) above, it is charged as a class 1 petty offense in Larimer, Boulder, and Grand County. If it is a violation of (e), it is a class 1 misdemeanor in Jackson County and all of northern Colorado.