A. Definitions. For purposes of this section, the following words and phrases are defined as follows:
1. "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.
2. "Public property" means any property owned or controlled by the city of Sacramento, including, but not limited to, any 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 ten (10) 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. Violation.
1. In addition to any other remedy allowed by law, any person who violates this section is subject to criminal sanctions, civil actions, and administrative penalties pursuant to Chapter 1.28.
2. Any person who violates this section is guilty of a misdemeanor.
3. 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. (Ord. 2015-0027 § 1; prior code § 26.01.059)