HomeMy WebLinkAbout09/06/2005, C11 - ADOPTION OF ORDINANCE NO. 1480 AMENDING CHAPTER 9.30 OF THE MUNICIPAL CODE LIMITING THE APPLICATION council M�eptember 6; 2005
acenaa REpoRt ,�N (!,I I
CTTY OF SAN LUIS OBISPO
FROM: Deborah Linden, Chief of Police
SUBJECT: ADOPTION OF ORDINANCE NO. 1480 AMENDING CHAPTER
9.30 OF THE MUNICIPAL CODE LIMITING THE APPLICATION
OF THE CHAPTER TO TIME PERIODS TO BE SPECIFIED_ BY
CITY COUNCIL RESOLUTION
CAO RECOMMENDATION
Adopt Ordinance No. 1480.
DISCUSSION
On August 16, 2005, the Council voted 5-0 to introduce Ordinance No. 1480 amending Chapter
9.30 of the Municipal.Code - Nudity in Public Places — so that the ordinance is only in effect for
any time period during which the City Council determines, by resolution, that such conduct is.
likely to create the potential for incidents of public disorder or to threaten the public health,
safety or welfare. Ordinance No. 1480 is now ready for adoption and will become effective
thirty days after the date of its final passage.
By separate resolution, the Council, on August 16, 2005,,made the prohibition of nudity in public
places applicable during the Mardi Grasperiod of each year; specifically from 12:01 AM on the
Thursday preceding "Fat Tuesday":until 7:00 AM on the Wednesday.following_ "Fat Tuesday."
That resolution takes effect at the same time this ordinance becomes effective:
ATTACHMENT
Ordinance No. 1480
C(I-(
Attachment
ORDINANCE NO.. 1480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING CHAPTER 9.30 OF THE SAN LUIS OBISPO MUNICIPAL CODE
LIMITING THE APPLICATION OF THE CHAPTER TO TIME PERIODS TO BE
SPECIFIED BY CITY COUNCIL RESOLUTION
WHEREAS, displays of public nudity during certain time periods and/or events
within the City encourage the gathering of crowds and create the potential for incidents of public
disorder that threaten the public safety and Welfare; and
WHEREAS, the prohibition of public, nudity during certain time periods and/or
events provides the City and law enforcement with an important tool to prevent and address such
threat to the public safety and welfare;
WHEREAS, the City's current ordinance prohibits public nudity without
limitation as to time; and
WHEREAS, Council desires to protect the health safety and welfare of the
residents of, and visitors to; San Luis Obispo by the least restrictive effective means-,
NOW,THEREFORE,BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION L Chapter 9.30 of the San.Luis Obispo Municipal Code is hereby amended
to read as follows:
Chapter 9.30
NUDITY IN PUBLIC PLACES
9.30.016 Nudity prohibited in any public place during specified times.
9.30.010 Nudity prohibited in any public place during specified times..
It shalt be an infraction for any person erson to appear nude in any place within the city
open to the public, or any place visible from a place open to the public, at any time period during
which the city council determines, by resolution, that such conduct is likely to create the
potential for incidents of public disorder or to threaten the public health, safety or welfare..
"Nude" within the meaning of this section means the absence of an opaque covering which
covers the genitals, pubic hair; buttocks, perineum, Anus or anal region of any person or any
portion of the breast at or below the areola thereof of any female persom (Ord. 1456 .§ 1 (part),
2004)
C11
Ordinance No. (2005 Series)
Page 2
SECTION 2. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it;;shall be published at least five
days prior to its final passage, in The Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty(30)days after its final passage.
INTRODUCED on the 16`s day of August, 2005, and adopted by the Council of the City
of San Luis Obispo at a meeting held on ,the _ day of 9 , 2005, upon motion of
seconded by and on the following roll call vote:
AYES:
NOES:
ABSENT:
David F. Romero, Mayor
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jo `P. Lowell
City Attorney