Also approve FY26 budget, funding for Churdan park shelter
The Greene County supervisors at their April 28 meeting discussed a possible ordinance prohibiting public sex acts.
County attorney Thomas Laehn provided a draft ordinance to the supervisors. The draft was a response to county sheriff Jack Williams’ request for an ordinance prohibiting public nudity. Laehn said public nudity is concerned as a right guaranteed by the First Amendment, and that there are enforcement issues related to breast feeding in public.
He said an ordinance against public sex acts would address Williams’ concerns. Even then, having sex in public is legal in Iowa in some cases, according to Laehn. Whether sex acts done in public for a participant’s own gratification or someone else’s gratification is the deciding issue.
Laehn’s draft would be in effect in the unincorporated portions of the county, and would prohibit sex acts in or within the view of a public place (including a road). The ordinance uses the same definition of a “sex act” as State Code. A violation would be a simple misdemeanor.
Board chair John Muir questioned if such an ordinance is enforceable, given the time it would take for a deputy to respond to a complaint. He said he doesn’t want law enforcement going on “a wild goose chase” when something is reported.
Laehn answered that enforceability is always an issue.
He said county law enforcement has had multiple complaints from motorists seeing someone having sex with a woman who is tied to a tree, all from the same general area. The complainants think they’re reporting a rape in progress, but it was consensual. Sheriff Jack Williams said the complaints have come from neighbors and parents whose sons have seen it.
Supervisor Joe Gannon suggested those involved could put up a fence.
Laehn pointed out that a couple having sex in their home without closing their blinds, remaining visible to passing motorists, would be committing a public sex act under the draft ordinance. The participants reasonably knowing they could be seen would make it a crime.
Muir said that although recent complaints have been about the same location, without an ordinance there’s no way to curtail persons having sex in public view in county parks or the bike trail. Under current state code, that’s legal unless they’re doing it for their own or someone else’s sexual gratification.
Laehn said he doesn’t know of any other counties in Iowa that have such an ordinance.
“People who are having a problem or an issue look to us to help them mediate it. I think this is a step that doesn’t violates anybody’s rights, tries to respect everybody,” Muir said.
The board instructed Laehn to make some small edits and put the draft ordinance on a future agenda.
In other business, the board heard a request from Alyssa Juergensen on behalf of the City of Churdan for financial assistance from the county’s Dreyfus fund for a new shelter house at the city park. A new building similar to the lakeside shelter house at Spring Lake Park will replace the current shelter. It will not be heated or air conditioned, but it will have ceiling fans and large windows. There will be a restroom accessible with a timed lock from the outside for park users, as well as an indoor restroom.
Total cost of the project is $125,000. The city received $50,000 from Grow Greene County, a $21,000 donation from an unnamed party, a donation from the Churdan Lions Club, donations totaling $48,000 from area residents/landowners/businesses, and other smaller donations. However, the city is still $10,700 short in fundraising.
Juergensen requested $5,000 from the county.
The supervisors have already committed all Dreyfus funds available this fiscal year, and all but $5,000 of the funds available in the new fiscal year beginning July 1. They agreed to provide $2,500 after July 1, and made a soft commitment for another $2,500 after July 1, 2026.
The supervisors held a public hearing on the FY26 (July 1, 2025 – June 30, 2026) budget. No one from the public spoke and the supervisors approved the budget. The total countywide levy rate will be $9.44 (per $1,000 of taxable valuation), decreased from $10.22 in the current year. The general basic rate is set at $3.48, down from $3.52. The rural basic levy is $2.99, down from $3.05. The debt service levy is set for $1.06, down from $1.26. The general supplemental levy is unchanged at $2.39.
The supervisors approved salaries for elected county officials for the year beginning July 1, 2025, each increased 3.75 percent. Salaries will be as follows: auditor, $84,048.72; attorney, $141,458.16; recorder, $79,927.92; sheriff, $118,873.92; supervisors, at each, $37,389.60; and treasurer, $81.246.