To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Michael J. Hyman, Town Attorney
Title
Ordinance Amending Section 9.06.010 of the Castle Rock Municipal Code by Adding Adult Performances to the Charge of Public Indecency and Related Definitions (Second Reading - Approved on First Reading on June 17, 2025, by a vote 6-0)
Body
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Executive Summary
The proposed changes to the provisions of Section 9.06.010 of the Castle Rock Municipal Code to add adult performances to the charge of public indecency arise out of concerns brought to the attention of our office by District 6 Councilmember Tim Dietz.
History of Past Town Council, Boards & Commissions, or Other Discussions
The Town Council first adopted a code prohibiting public indecency, indecent exposure, and public nudity in 2023. See Town Ordinance No. 2023-024. The provisions of that code have remained unchanged since that time.
Discussion
Earlier this year, Councilmember Dietz contacted the Town Attorney’s Office, raising a concern that the Castle Rock Municipal Code did not explicitly prohibit performances of live adult entertainment in public places. Although the Town has adopted an ordinance that regulates sexually oriented businesses (see Castle Rock Municipal Code Chapter 17.56), that ordinance is designed to prevent the deleterious location and concentration of sexually oriented businesses within the Town and, as such, does not address individual behavior outside the confines of a licensed establishment.
The proposed ordinance is intended to plug that apparent gap in our Code. Accordingly, a person who performs live adult entertainment in a public place or a location where the conduct may reasonably be expected to be viewed by members of the public commits an act of public indecency if the performance is done with the intent to sexually arouse the viewer and involves:
• The exposure of the public region, the buttocks, the breast of any person, or male or female genitalia, whether real or prosthetic; or
• The performance of sexual activities, whether real or simulated.
An exception to the prohibition is provided if the performance takes place within a permitted sexually oriented business. At the present time, the Town does not have any permitted sexually oriented businesses within its boundaries.
As is the case with any of the existing provisions of Chapter 9.06, those persons who violate the proposed ordinance may be prosecuted in the Castle Rock Municipal Court. Those persons who are found guilty by the Court may be punished by a fine of not more than $1,000.00 or by imprisonment to exceed one year, or by both such fine and imprisonment. See Castle Rock Municipal Code Section 1.08.010. Further, the Town Attorney’s Office has opined that the amendment to Section 9.06.010 is legally defensible and should withstand constitutional scrutiny if challenged.
Budget Impact
None.
Staff Recommendation
The Town Attorney’s Office recommends approval of the proposed ordinance
Proposed Motion
“I move to approve the ordinance as introduced by title.”
Alternative Motions
I move to approve the ordinance as introduced by title, with the following conditions: __________________.
I move to continue the ordinance to the Town Council meeting on __________.
Attachments
Attachment A - Ordinance Amending Section 9.06.010 of the Castle Rock Municipal Code
Attachment B - Presentation