The presence of persons who are nude and exposed to public view
in or on public rights-of-way, public parks, or any other public land,
or in or on any private property open to public view from any public
right-of-way, public beach, public park, or other public land, is
offensive to members of the general public unwillingly exposed to
such persons. Nudity, if it is to be permitted to be exposed to the
public view, should be confined to a defined area. The provisions
of this chapter are enacted for the purpose of securing and promoting
the public health, morals and general welfare of all persons of the
city.
(Prior code § 32.1001)
For the purposes of this chapter, the words set forth in this
section shall have the following meanings:
"Nude"
means devoid of an opaque covering which covers the genitals,
vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft,
perineum, anus, anal region, or pubic hair region of any person, or
any portion of the breast at or below the upper edge of the areola
thereof of any female person.
"Public place"
means any public beach, park, street or waters adjacent thereto,
or any place open to the public or exposed to public view, including
specifically a view from any private residence or any portion of the
real property in the immediate vicinity of such private residence,
whether such place is publicly or privately owned.
(Prior code §§ 32.1002, 32.1003)
It is declared a public nuisance and unlawful for any person
to appear, sunbathe, bathe, walk, disrobe or otherwise be nude in
any public place.
(Ord. 190, 1991; Ord. 255 § 2, 1996)
A. This
chapter shall not apply to persons under the age of ten years.
B. This
chapter shall not apply to persons engaged in a live theatrical performance,
in a theater, concert hall or similar establishment which is predominantly
devoted to theatrical performances.
C. Nothing
contained in this chapter shall be construed to prohibit any act or
acts which are expressly authorized or prohibited by the
Penal Code
of the state.
(Prior code §§ 32.1005, 32.1006, 32.1007)