The City Council has considered the report of the City of Garden Grove, California (1991) and the secondary effects of adult businesses which permit displays of public nudity as described in the cases of Barnes v. Glen Theater, Inc., (1991) 501 U.S. 560, 111 S.Ct. 2456, City of Erie v. PAP's A. M. (2000) 529 U.S. 277 , 120 S.Ct. 1382, and City of Renton v. Playtime Theaters, Inc. (1986) 475 U.S. 41, 106 S. Ct. 925, rehearing denied, April 21, 1986, 475 U.S. 1132, 106 S. Ct. 1663. Public indecency laws are designed to prohibit certain conduct such as public nudity for the purpose of preserving societal order and a community’s notion of morality.
The City Council finds that due the described secondary effects of public nudity in adult businesses, as well as those effects of such conduct in other public places require that the conduct of public nudity be prohibited as set forth in this chapter. In addition, the Council finds that the conduct or appearance of people (other than infants or small children) in the nude in a public place or in a place open to or visible by the public, including children, is inimical to public safety and order, and the community’s sense of common decency and morality.
The City Council further finds that certain lewd, immoral activities carried on in public places for profit are highly detrimental to the public health, safety and welfare, and lead to the debasement of both women and men, promote violence, public intoxication, prostitution and other serious criminal activity.
(§ 2, Ord. 1371-NS, eff. January 18, 2001)