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HomeMy WebLinkAbout1480ORDINANCE NO. 1480 (2005 Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING SECTION 9.30.010 OF 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 threats to the public safety and welfare; and 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 1. Section 9.30.010 of Chapter 9.30 of the San Luis Obispo Municipal Code is hereby amended to read as follows: 9.30.010 Nudity prohibited in any public place during specified times. It shall be an infraction for any person 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 person. (Ord. 1456 § 1 (part), 2004) 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`" day of August, 2005, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 6`" day of September 2005, and on the following roll call vote: • _x:17 Ordinance No. 1480 (2005 aeries) Page 2 AYES: Council Members Brown and Mulholland and Vice Mayor Ewan NOES: Council Member Settle and Mayor Romero ABSENT: None ATTEST: 4 Audrey H er City Cler APPROVED AS TO FORM: J at n P. Lowell City Attorney Mayor David F. Romero I hereby certify that this document A_, and a ument is a f ue accurate copy of Ordinance No. and that the ordinance was published pursuant to Charter Section 2. Date City Clerk