1982-32 Objecting to Nude Bathing on any Village Public PropertyRESOLUTION ~k32-82
A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM
BEACH, FLORIDA, ADVISING THE- STATE OF FLORIDA, DEPARTMENT OF
NATURAL RESOURCES, THAT THE VILLAGE COUNCIL OF NORTH PALM BEACH
' AND THE VILLAGE OF NORTH PALM BEACH OBJECT TO USE OF ANY PUBLIC
PROPERTY WITHIN THE VILLAGE OF NORTH PALM BEACH FOR NUDE SUN-
BATHING OR OTHER EXPOSURE OF SEXUAL ORGANS AND RECOMMENDING
THAT THE DEPARTMENT OF NATURAL RESOURCES COOPERATE WITH THE
VILLAGE IN ENFORCING APPROPRIATE VILLAGE ORDINANCES.
WHEREAS, the Village of North Palm Beach Code, in
Article 4 of Section 19, states as follows:
"NO person (anywhere in North Palm Beach)
shall publicly expose his person * * *"; and
WHEREAS, the Village of North Palm Beach has, in
Article 1 of Chapter 19 of the Village Code, stated:
"No person shall commit within the corporate
limits of the Village any act which is, or
' shall be recognized by the law of the state
as a misdemeanor and the commission of such
acts is hereby forbidden."; and
WHEREAS, Chapter 800.03 Florida Statutes states that
it is a misdemeanor to violate that Statute, which reads as
follows:
"It shall be unlawful for any person to
expose or exhibit his sexual organs in any
public place or on the private premises of
another or so near thereto as to be seen from
such private premises in a vulgar or indecent
manner or to expose or to exhibit his person
in such place, or to go and be naked in such
place * * *"; and
WHEREAS, MacArthur Beach State Park is intended to be
opened to the general public, in particular to families and
residents of North Palm Beach and surrounding counties, for
their wholesome recreation and enjoyment; and
WHEREAS, any limitation of use of the beach at
MacArthur Beach State Park to the general public by .permitting
its use for a nude sunbathing area would not only be contrary
to the ordinances of the Village of North Palm Beach and
contrary to the purpose of use of MacArthur Beach State Park
for all citizens without concern that families and children
would be offended by nude sunbathers, but permitting persons to
go naked in the use of this public park would constitute
' selective enforcement of the law and be both hypercritical and
offensive to the residents and citizens of the Village of North
Palm Beach and surrounding areas.
NOW, THEREFORE, be it resolved by the Village Council
of North Palm Beach, Florida:
Section 1: That the State of Florida, Department of
Natural Resources, is hereby advised that it is the unanimous
decision of the Village Council of the Village of North Palm
Beach on its behalf and on behalf of the residents and citizens
of the Village of North Palm Beach to oppose with all resources
at its command any effort to designate an area within MacArthur
Beach State Park as a place where persons may violate Village
' Ordinances under the guise of nude sunbathing.
Section 2: State of Florida, Department of Natural
Resources, is earnestly requested to maintain the entire area
of MacArthur Beach State Park as a place where the entire
public can enjoy all the facilities in a wholesome recreational
vein without fear of embarrassment or offense in any part of
the park for the purpose of permitting a minority of persons to
expropriate to themselves an area where sexual organs may be
exposed in public.
Section 3: The Clerk is directed to forward a copy of
this Resolution to Elton J. Gissendanner, Executive Director,
State of Florida, Department of Natural Resources.
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Section 4: This Resolution shall take effect
immediately upon passage.
READ AND PASSED THIS 24thDAY OF .7unP ~ 1982.
~~
MAYOR
(TOWN SEAL)
ATTEST:
Village Clerk
5403C/ok
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