HomeMy WebLinkAbout1370 - ORDINANCES - 2/20/1991 ORDINANCE NO. 1370
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA
AMENDING SECTION 11.10, RENUMBERING SECTION 11.10.040
AND ADDING SECTION 11.1.0.040 OF THE PALM SPRINGS
MUNICIPAL CODE PROHIBITING PUBLIC NUDITY
WHEREAS, the intent and purpose of this Ordinance is to guarantee that
the parks, playgrounds and public places owned, operated and maintained by
the City of Palm Springs are operated and maintained For the use, benefit,
recreation and enjoyment of all citizens and residents of this City.
WHEREAS, the City Council finds that it is in the public interest and
necessary to protect and promote public health, safety and welfare, that said
parks, playgrounds and public places be utilized and enjoyed by as many persons
as possible; and
WHEREAS, maximum utilization and enjoyment of said parks, playgrounds
and public places can only be obtained through the imposition of regulations
regarding activities thereon; and
WHEREAS, the appearance of some persons utilizing said parks, playgrounds
and public places by appearing thereon nude or partially nude with the private
parts of their bodies exposed, unreasonably interferes with the rights of all
persons to use and enjoy the city by causing many persons to leave and others
not to come to said parks, playgrounds and public places; and
WHEREAS, such conduct and behavior imposes an extraordinary and unusual
burden on City employees charged with the maintenance of said parks, playgrounds
and public places and public safety personnel who are diverted from their primary
obligation to protect the health, safety and welfare of the public at large;
and
WHEREAS, the presence of persons who are nude or partiallly nude and
exposed to public view in or on public rights-of-way, parks, playgrounds or
any private property open to public view tends to discourage the use and
enjoyment of said areas and creates a nuisance and is offensive to members
of the public who wish to use these public areas and who are unwillingly exposed
to such conduct.
NOW, THEREFORE, the City Council of the City of Palm Springs does ordain
as follows:
Section 1. The title of Chapter 11 .10 of the Palm Springs Municipal
Code is hereby amended to read as follows:
Chapter 11 .10 PUBLIC NUDITY
Section 2. Section 11 .10.040 of the Palm Springs Municipal Code
is hereby renumbered as Section 11.10.050.
Section 3. Section 11.10.040 is hereby added to the Palm Springs
Municipal Code to read as follows:
11 .10.040 Public Nudity--Prohibited.
(a) No person shall appear, bathe, sun-bathe, walk , dress or
undress, or ride in or on any vehicle, or be in any park, playground,
public place, or on any public land or on any private property open
to view from any public area or public right-of-way in such a manner
that the genitals, pubic hair, buttocks, anus, anal regions, natal cleft,
perineum, or pubic hair region of any person, or any portion of the
breast at or below the upper edge of the areola thereof of any female
person, is exposed to public view or is not covered by an opaque covering.
/ 0-a
Ord 1370
Page 2 /6104-
(b) The provisions of this section shall not apply to/ children
under the age of ten.
(c) It shall be an infraction for any person to violate any of
the provisions of this section and upon conviction thereof shall be punished
as provided in Section 1.01.155 of the Palm Springs Municipal Code.
Section 4. PUBLICATION: The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance, and to cause the same or a summary
thereof or a display advertisement, duly prepared according to law, to be
published in accordance with law.
ADOPTED this 20th day of February 1991.
AYES: Councilmembers Broich, Hodges, Murawski , Neel and Mayor Bono
NOES: None
ABSENT: None
ATTEST: _\ /- CITY OF PALM SPRING,5-'"- r
By:
City Clerk- Mayor
REVIEWED & APPROVED:
7/425/014084-0001/002
I HEREBY CERTIFY THAT the foregoing Ordinance 1370 was duly adopted
by the City Council , of the City of Palm Springs, California, in a
meeting held on the 20th day of February, 1991, and that same was
duly published in the DESERT SUN, a newspaper of general circulation,
printed and published on February 13 & 27, 1991.
JUDITH SUMICH
City Clerk