La Palma Municipal Code Art. I In General

(a) It is unlawful for any minor to remain in any public place or establishment within the City between the hours of 10:00 p.m. and 5:00 a.m. However, the provisions of this section shall not apply if any of the following apply:

(1) The minor is accompanied by his or her parent, legal guardian, or by his or her spouse 18 years of age or older.

(2) The minor's parent or legal guardian has given the minor permission to remain in a public place or establishment during curfew hours.

(3) The minor is involved in an emergency.

(4) The minor is attending, going to or returning home without any detour or stop from an official meeting, school activity, civic organization, educational, religious, or recreational activity supervised by adults.

(5) The minor is engaged in lawful employment activity or is going to or returning from a lawful employment activity without any detour or stop.

(6) The minor is in a motor vehicle involved in interstate travel.

(7) The minor is exercising his or her First Amendment rights, such as freedom of speech, right of assembly, or free exercise of religion.

(8) The minor is on the sidewalk adjacent to his or her residence.

(b) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Emergency means one or more unforeseen circumstances or resulting state requiring immediate action, such as a fire, natural disaster, accident, or situation requiring immediate action to prevent or treat serious injury or loss to person or property.

Establishment means any privately owned place of business to which the public is invited, included but not limited to places of amusement or entertainment.

Guardian means a person ordered to be such by a court or a public or private agency with whom the minor has been placed.

Minor means any natural person under 18 years of age.

Parent means a person who is a natural, adoptive or step-parent or someone at least 18 years old authorized by a parent or guardian to have care, custody or control of the minor.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of school, apartment houses, office buildings, transport facilities and shops.

(Code 1975, § 18-3; Ord. No. 97-06, § 2)

(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Authorized City or school employee means any person employed by the City or a school or school district located wholly or in part within the City who is present on school property between the hours of 10:30 p.m. and 5:00 a.m. the following day within the scope of his or her employment.

Child means any person under 18 years of age.

Loiter means to remain in or near the place which is the subject of this section in an idle or apparently idle manner, aimlessly, and without real necessity or purpose.

(b) No person shall loiter or play in or upon the grounds of any public school in the City between the hours of 10:30 p.m. and 5:00 a.m. of the following day. This section shall not apply to children occupying or playing in or upon the grounds of such school in the presence and under the supervision of any authorized City or school employee or to any other person on the premises pursuant to school-sponsored or other lawfully authorized activity.

(c) Any person who violates this section is guilty of an infraction and shall be subject to the general penalty described in section 2-351 (Infraction penalty).

(Code 1975, § 18-5; Ord. No. 75-1, §§ 1—3)

No person shall urinate or evacuate his or her bowels on private property in an area exposed to the public view, or on any public street, sidewalk, alley, park, or other public place, except in a public restroom.

(Code 1975, § 18-23; Ord. No. 87-01, § 1)

(a) Intent. The intent and purpose of this section is to guarantee that the parks, playgrounds, and public rights-of-way owned, operated and/or maintained by the City are operated and maintained for the use, benefit, recreation, and enjoyment of all citizens and residents of the City as well as to eliminate, to the greatest extent possible, the secondary effects associated with the presentation of nudity in adult oriented businesses. The City Council finds that it is both in the public interest and necessary to protect and promote the public health, safety, and welfare and that said parks, playgrounds, and public rights-of-way be utilized and enjoyed by as many persons as possible; that maximum utilization and enjoyment of said parks, playgrounds, and public rights-of-way can only be obtained through imposition of regulations regarding activities thereon; the appearance of persons utilizing said parks, playgrounds, and public rights-of-way without clothing and with the private parts of their bodies exposed, unreasonably interferes with the rights of all persons to use and enjoy said parks, playgrounds, and public rights-of-way by causing many persons to leave and others not to use said parks, playgrounds, and public rights-of-way; that such conduct and behavior imposes an extraordinary unusual burden on City employees charged with the maintenance of said parks, playgrounds, and public rights-of-way and public safety personnel who are diverted from fulfilling their primary obligation to protect the health, safety, and welfare of the public at large; that the presence of persons who are unclothed and exposed to public view in or on public rights-of-way, parks, and playgrounds, or on any private property open to public view from public parks and playgrounds, or other public ways tends to discourage the use and enjoyment of said public parks and public ways of the City, and creates a nuisance and is offensive to members of the public who wish to use and enjoy said public parks, playgrounds, and public rights-of-way, and who are unwillingly exposed to such conduct; that the presentation of nude entertainment in adult oriented businesses results in secondary effects which include the proliferation of prostitution, the increase in sexual assaults, and increase in other crimes; that the prohibition of nudity in adult oriented businesses tends to reduce the existence of such secondary effects; and, based upon the foregoing findings, this section will protect the public health, safety, and welfare.

(b) Prohibition of public nudity. It is unlawful for any person to appear, bathe, sunbathe, walk, or be on any public park, playground, or on any other public land, or on any private property open to public view from any playground, park, public place, or public right-of-way, or in any adult oriented business as that term is defined in section 44-195, in such a manner so as to knowingly and intentionally:

(1) Expose his or her genitals, pubic hair, natal cleft, perineum, anal region, or pubic hair region; or

(2) Appear in any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region, nipple and/or areola of the female breast, or pubic hair region; or

(3) Expose the nipples and/or areola of the female breasts except as necessary while engaging in the breast feeding of an infant under the age of two years old; or

(4) Allow any person to engage in any of the activities described in subsections (b)(1) through (3) of this section in an adult oriented business when such person has ownership or managerial control over the adult oriented business.

(Code 1975, § 18-26; Ord. No. 96-1, § 2)

State Law reference— Similar provision, Penal Code § 314.