The naked guy dancing in front of kids was the smoking gun, public nudity ordinance passes with Linda Atkins dissenting

Today, three ordinances were being considered by Eureka City Council. I did three posts on October 30 with details on each.

The results for the public nudity ordinance is that it passed. The firearms storage ordinance was pulled by EPD Chief Andy Mills, for now.

City Attorney Cyndy Day-Wilson said Eureka public nudity ordinance does not have sexual component that PC 314 or PC 647 has, this information was in response to questons by public. She said that "this was a tool for the EPD."


Public comments, questions by City Council members, the public nudity ordinance was passed by 4 votes, with Linda Atkins dissenting.

Before the vote, Councilmember Natalie Arroyo said to Chief Mills "One of my questions for the City Manager was do we give a warning or allow person to cover up on the spot? If it is not intended to be sexual or lascivious", she didn't see a problem.

Chief Mills responded, "Officers certainly have discretion to give a warning. This is more intended towards the guy dancing nude in front of children on way to school." He mentioned a person panhandling without clothes on. Held up a list of calls he had received from the public. "It is not uncommon for people under the influence of substances" to feel hot and take clothes off. "If a person is making a statement and people are not offended, we can give a warning."

Councilmember Melinda Ciarabellini thought "this was a reasonable request. This doesn't seem to meet the criteria of 5150. If a naked man doesn't put clothes on, nothing you can do but remove the children. If there is no voluntary compliance, this is complaint driven, not infringing on anyone's rights."

"There are some health issues. If you are in a restaurant and someone comes in and sits down nude, not that much of this happens in Humboldt County." Just before the meeting, Chief Mills got a call about "a guy walking down Broadway nude."

Councilmember Kim Bergel asked Chief Mills out of the 44 calls he had received, "how many people put their clothes on if asked?"

Chief Mills said out of 44, three people were arrested because in addition to nudity, "lewd activity was also going on."

In response to a question by Councilmember Bergel, the city attorney said "most jurisdictions have public nudity ordinance."

During public comment, one speaker said, "I don't think we need anymore decrease to human liberty." Another speaker, said she was concerned that this will be used to "cite people peeing and defecating in public places." Erin Powers-Taylor said, "this was another law against the vulnerable." She said people "needed mental help not police help."

Councilmember Marian Brady asked Chief Mills how many of these people were mentally ill or under the influence.

Chief Mills said he could not categorize how many people were mentally ill or under the influence or 5150. "If on a Saturday afternoon, someone is running around nude, DHHS is not available, same with Sempervirens, only police are there 24/7."

"I don't support it," said Councilmembers Linda Atkins. "I don't think it will help." She said this would just put more people in jail, only to be released within an hour.

Chief  Mills has pulled the firearm ordinance "for now" and decided to educate the public. If that is not successful, he will bring ordinance back.

"Gun theft is a problem in our city," said Chief Mills. If you can increase effort for someone to steal something, the goal is
to make it difficult for criminals to steal guns without restricting the second amendment. People have a right to bear arms, not to leave them unprotected."

Chief Mills said if anyone from the community has a better solution, he is open to feedback.

Oct 30, 2015

Steal under Prop 47, go away scot free, don't lock up your firearm, $1,000 fine or 6 months in jail?

An ordinance regarding safe storage of firearms to be passed by Eureka City Council would make it a misdemeanor if your firearm is not locked up?

http://eureka.granicus.com/MetaViewer.php?view_id=2&event_id=562&meta_id=29812

10. Safe Storage of Firearms Ordinance
Recommendation: Waive reading, read by title only and introduce Bill No. 891-
C.S., and Ordinance of the City of Eureka adding Section
133.07 to Title XIII Chapter 133 – Safe Storage of Firearms.
(City Attorney)

This ordinance was precipitated by recent burglaries at retail stores and residences in Eureka which included the theft of firearms. According to the ordinance document, in one instance 50 firearms were stolen that were not secured in a locked container and they did not have trigger locks.

City staff believes this ordinance will assist in the prevention of gun related injuries and deaths.

So after Prop 47, you steal a gun that is worth under $950 and it's a misdemeanor cite and release or slap on the wrist. But if you have a firearm that is not locked in a safe or have a trigger lock, its misdemeanor, up to $1000 fine and up to six months in jail?

How do Eureka residents and businesses feel about criminals getting a slap on the wrist while law abiding gun owning citizens face consequences?

I contacted Aaron Ostrom, owner of Pacific Outfitters.

"Since the break in our store, a couple months ago, we've spent 15k adding bars to all our skylights, upgrading our alarm system and adding an additional layer of security at all our entrances. We are also looking at investing 20-30k on surveillance. It would be a bummer to have to now build a vault to store all our guns after essentially turning our store into is't own vault."

Chief Andy Mills clarifies why public nudity ordinance is on Eureka City Council agenda

http://eureka.granicus.com/MetaViewer.php?view_id=2&event_id=562&meta_id=29810

The above link is to the public nudity ordinance.

I reached out to Eureka City Manager Greg Sparks, City Clerk Pam Powell and City Attorney Cyndi Day Wilson. Mr. Sparks got Chief Andy Mills to respond.

Here is Chief Mills email response;

314.1 PC is specifically for indecent exposure for the purpose of sexual gratification. Its captured in the first phrase, “willfully and lewdly”  i.e. a person would have to stroke their genitals or like motion.  Just straight public nudity would not work. It’s the classic guy masturbating in his car driving home on the freeway for women to see or a guy outside of a school exposing himself for gratification.  It does not work for instance for a guy running naked through the streets.  

This came from several calls for service where people get nude and dance around half baked.  A couple of weeks ago a guy undressed in front of some kids and did martial arts fully nude.  We were powerless to do anything about it.

After I read Chief Mills response, it made more sense why this item is on the agenda. 

Given that Humboldt County has 329 registered sex offenders, not to mention some that will be added to the list if certain convictions go through, this ordinance has merit.

http://www.meganslaw.ca.gov/cgi/prosoma.dll?zoomAction=Box&zoomAction=clickcenter&zoomAction=clickoffender&lastName=&firstName=&Address=&City=&zipcode=&searchDistance=.75&City2=&countyLocation=&zipcode2=&SelectCounty=HUMBOLDT&ParkName=&searchDistance2=.75&City3=&zipcode3=&countyLocation3=&schoolName=&searchDistance3=.75&City4=&zipcode4=&countyLocation4=&refineID=&pan=&distacross=107211&centerlat=38409907&centerlon=-121514242&starlat=&starlon=&startext=&x1=&y1=&x2=&y2=&mapwidth=525&mapheight=400&zoom=&searchBy=countylist&id=&docountycitylist=2&OFDTYPE=&W6=143710%0D%0A&lang=ENGLISH&W6=143710

Intoxicating Beverages and Public Nudity on next Eureka City Council meeting agenda

9. Public Nudity Ordinance
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.