REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Ashley Wysocki, Acting Director of Community & Library Services
PREPARED BY: Carrie Gonzales, Management Aide
Subject:
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Approve for introduction Ordinance No. 4282 Amending Huntington Beach Municipal Code Chapter 9.20 relating to Public Nudity
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Statement of Issue:
Staff recommends approving for introduction Ordinance No. 4282 Amending Chapter 9.20 of the Huntington Beach Municipal Code relating to Public Nudity in order to more clearly define unlawful exposure in public, including prohibiting public nudity in any City owned or operated facility.
Financial Impact:
Not applicable.
Recommended Action:
recommendation
Approve for introduction Ordinance No.4282, "An Ordinance of the City of Huntington Beach amending Chapter 9.20 of the Huntington Beach Municipal Code relating to Public Nudity".
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Alternative Action(s):
Do not approve the recommended action, and direct staff accordingly.
Analysis:
In 2007, the City Council adopted Ordinance No. 3773, which amended the Prohibited Public Conduct Chapter 9.20 of the Huntington Beach Municipal Code (HBMC) to add Section 9.20.015 to specifically address public nudity.
On October 12, 2022, the City Attorney's Office provided a legal opinion recommending that HBMC 9.20.015, Public Nudity be amended to more clearly define unlawful exposure in public and provide additional clarity by including City owned or operated facilities to the existing code. The proposed revisions to HBMC 9.20.015 are referenced below, in bold:
"It shall be unlawful for any person over the age of nine years old to appear, bathe, sunbathe, walk or be on or in any public park, City owned or operated facility, playground, beach, or in the water adjacent thereto, or on any other public land, or on any private property open to public view from any public beach, playground, park, public place, publ...
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