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Body suspensions would require permits in Springfield under proposed ordinance

January 25, 2012|by KY3 News | newsalerts@ky3.com

SPRINGFIELD, Mo. -- The Springfield City Council continues to mull new regulations on the practice of body suspension in public.  The council held a public hearing on a proposed ordinance at its last meeting but councilmembers Cindy Rushefsky and John Rush said Tuesday that they want the ordinance to be even stricter.

Body suspension happens when people are lifted off the ground and hang only by their piercings.  It caused controversy in a neighborhood last year when neighbors complained about it happening within their view in a backyard.

The proposed ordinance would require a permit from the Springfield-Greene County Health Department for body suspensions in residential areas.  To get a permit, the applicant would have to get approval from all of the adjoining property owners and half of "property owners that are not adjoined and within 185 feet of property where said activity shall be performed."

The petition with the nearby property owners' approvals wouild have to "give detailed description of the activity/procedure to be performed and shall be on each page of the petition being signed."  If an applicant couldn't get all the necessary signatures on the petition, he could ask the City Council to approve it anyway, possibly leaving some leeway for situations where no one else could see into the property in question.

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Body suspensions would be prohibited within 200 feet of a school, church, childcare center or other organization that deals with children under age 18.  A church that uses body suspensions as part of its "spiritual practice" would be an exception.

The fine for violating the ordinance would be $100 for the first offense and not less than $200 for another offense. 

Zone 1 City Councilman Nick Ibarra asked the city attorney's office to draw up the proposed ordinance last year after hearing the concerns from his constituents.  After Ibarra resigned his seat, Mayor Jim O'Neal took over sponsorship of the ordinance. 

The changes to the proposed ordinance sought by Rushefsky and Rush mean the city council will reopen the public hearing on the ordinance at its meeting on Jan. 30.  It could then vote on it as early as Feb. 13.

Rushefsky wants to prohibit anyone younger than age 18 from participating.  Rush said he would like to effectively ban the practice by requiring a petitioner from getting signatures from all neighbors "within three miles."  City Attorney Dan Wichmer said that likely would mean the city would have to defend the ordinance in court, because someone would sue over violation of their rights of freedom of expression.

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