Recommendation: Waive reading, read by title only and introduce Bill No 899-
C.S., an Ordinance of the City of Eureka adding Section
130.09 to Title XIII Chapter 130 – Public Nudity.
(City Attorney)
Penal Code 314 already has existing laws against public nudity and indecent exposure. I just spoke with Eureka Mayor Frank Jager. He has the same questions and has contacted the City Attorney for more information.
12. Intoxicating Beverage Ordinance Amendment Recommendation: Waive reading, read by title only and introduce Bill No. 892- C.S., an Ordinance of the City of Eureka amending Chapters 115 and 130 to allow Intoxicating Beverage to be Sold and served outdoors. (Development Services Director)
California Penal Code 314:
314. Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby; or, 2. Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts, is guilty of a misdemeanor. Every person who violates subdivision 1 of this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year. Upon the second and each subsequent conviction under subdivision 1 of this section, or upon a first conviction under subdivision 1 of this section after a previous conviction under Section 288, every person so convicted is guilty of a felony, and is punishable by imprisonment in state prison.
Where is a copy of the proposed nudity ordinance 899 so I may examine it before I comment? At first blush (word intended) I do not understand why it is necessary since CA Code 314 (above) exists. Is the police chief just being lazy? We need more information.
ReplyDeleteWhy is this new law necessary when CA 314 seems to cover the situation? I cant find the text of the proposed new law to understand why the police chief needs something more. And are people rampaging nude thru the city these days? I haven't noticed. Is this an overreaction to perhaps a since incident? Most cities set their laws at 10 or 11 yrs old? 6 years old seems over the top as is the banning of many bathing suits for sale in the stores of Eureka. We need more information!
ReplyDeleteGary, the link to the ordinance text is in my post with Chief Andy Mills' remarks.
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