(A) Definitions. For purposes of this section, the following words and phrases are defined as follows:
NUDE or NUDITY means exposure of the genitals, pubic area, anus, or buttocks with less than a fully opaque covering; or exposure of a female breast below a horizontal line across the top of the areola at the areola's highest point with less than a fully opaque covering.
PUBLIC PROPERTY means any property owned or controlled by the city, including, but not limited to, any park, building, street, sidewalk, bike path, alley, parking lot, plaza, park, playground, pool, beach or adjacent waters, or other place open to the public.
(B) Public nudity prohibited. No person shall be nude upon public property or upon any portion of private property that is visible from public property.
(C) Exceptions. This section shall not apply to:
(1) Children under the age of five years;
(2) The exposure of a breast while breastfeeding a nursing child;
(3) Theatrical performances in a theater, concert hall, or other similar establishment located on public property;
(4) Nudity within a fully enclosed structure intended to allow brief nudity, such as a bathroom, locker room, dressing room, or changing room; and
(5) Any act that is expressly permitted or prohibited by any law of the State of California.
(D) Penalty.
(1) Every violation of this section shall constitute a misdemeanor pursuant to § 10.99 and upon conviction shall be punished by a fine not to exceed $1,000 or by imprisonment in the county jail not to exceed six months, or by both.
(2) Violations of this section are hereby declared to be public nuisances and the City Attorney is authorized to bring and prosecute an action in a court of competent jurisdiction to enjoin the violations.
(3) In addition to the foregoing penalties, any person who violates this section is subject any other remedy allowed by law including, but not limited to, criminal sanctions, civil action and administrative penalties as provided for in this Code or any other local, state or federal law.
(E) Severability. If any provision, clause or word of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision, clause, word or application of this section which can be given effect without the invalid provision, clause or word, and to this end the provisions of this section are declared to be severable.
(Ord. 824-C.S., passed 11-17-15)