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File #: 23-403    Version: 1
Type: Ordinances for Introduction Status: Agenda Ready
File created: 4/26/2023 In control: City Council/Public Financing Authority
On agenda: 5/16/2023 Final action:
Title: Approve for introduction Ordinance No. 4282 Amending Huntington Beach Municipal Code Chapter 9.20 relating to Public Nudity
Attachments: 1. Att 1 Ordinance No 4282 Amending HBMC Chapter 9.20, 2. Att 2 Legislative Draft HBMC Chapter 9.20, 3. Att 3 PowerPoint

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:

title

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, public property or public right-of-way in such a manner as to knowingly and intentionally expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region, or expose the nipples and/or areola of the female breast except as necessary while engaging in breastfeeding.”

 

The proposed Ordinance No. 4282 has been prepared by the City Attorney’s office (Attachment 1).

 

Environmental Status:

Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. 

 

Strategic Plan Goal:

Community Engagement

 

Attachment(s):

1.                     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”

2.                     Legislative Draft HBMC Chapter 9.20

3.                     Ordinance No. 4282 Amendment PowerPoint