Chapter 10.54
PUBLIC NUDITY
Sections:
10.54.010 Intent and Purpose.
The intent and purpose of this chapter is to guarantee that the parks, playgrounds and beaches owned, operated and maintained by the City of Newport Beach 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 establishments. 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 beaches be utilized and enjoyed by as many persons as possible; that maximum utilization and enjoyment of said parks, playgrounds and beaches can only be obtained through imposition of regulations regarding activities thereon; the periods of some persons utilizing said parks, playgrounds and beaches by appearing thereon 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 beaches by causing many persons to leave and others not to use said parks, playgrounds and beaches; that such conduct and behavior imposes an extraordinarily unusual burden on City employees charged with the maintenance of said parks, playgrounds and beaches 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, playgrounds and beaches, or on any private property open to public view from public parks, playgrounds, beaches or other public ways tends to discourage the use and enjoyment of said public parks, playgrounds, beaches 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, beaches and places and who are unwillingly exposed to such conduct; that the presentation of nude entertainment in adult-oriented business establishments results in secondary effects which include the proliferation of prostitution, the increase in sexual assaults, and increase in other crimes; and, based upon the foregoing findings, this chapter will protect the public health, safety and welfare. (Ord. 99-2 § 8, 1999: Ord. 96-5 § 9 (part), 1996: Ord. 95-15 § 1, 1995: Ord. 95-13 § 1, 1995: Ord. 1625 § 1 (part), 1975)
10.54.020 Prohibition.
It shall be unlawful for any person to appear, bathe, sunbathe, walk or be on any public park, playground, beach, or in the water adjacent thereto, or on any other public land, or on any private property open to public view from any public beach, playground, park, public place or public right-of-way in such a manner so as to knowingly and intentionally:
A. Expose his or her genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or
B. 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
C. Expose 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. (Ord. 96-5 § 9 (part), 1996: Ord. 95-15 § 2, 1995: Ord. 95-13 § 2, 1995: Ord. 83-16 § 1, 1983: Ord. 1625 § 1 (part) 1975)
10.54.030 Exemptions.
This chapter shall not apply to children under the age of ten years. (Ord. 99-2 § 9, 1999: Ord. 96-5 § 9 (part), 1996: Ord. 1625 § 1 (part), 1975)