CHAPTER 16. PROHIBITION OF THE CONDUCT OF PUBLIC NUDITY*
* Chapter 16 entitled “Unlawful Exposure of Private Parts and Female Breasts,” consisting of Sections 5-16.01–5-16.08, codified from Ordinance 386-NS, repealed by Section 1, Ordinance 1371-NS, effective January 18, 2001.
The City Council has considered the report of the City of Garden Grove, California (1991) and the secondary effects of adult businesses which permit displays of public nudity as described in the cases of Barnes v. Glen Theater, Inc., (1991) 501 U.S. 560, 111 S.Ct. 2456, City of Erie v. PAP's A. M. (2000) 529 U.S. 277 , 120 S.Ct. 1382, and City of Renton v. Playtime Theaters, Inc. (1986) 475 U.S. 41, 106 S. Ct. 925, rehearing denied, April 21, 1986, 475 U.S. 1132, 106 S. Ct. 1663. Public indecency laws are designed to prohibit certain conduct such as public nudity for the purpose of preserving societal order and a community’s notion of morality.
The City Council finds that due the described secondary effects of public nudity in adult businesses, as well as those effects of such conduct in other public places require that the conduct of public nudity be prohibited as set forth in this chapter. In addition, the Council finds that the conduct or appearance of people (other than infants or small children) in the nude in a public place or in a place open to or visible by the public, including children, is inimical to public safety and order, and the community’s sense of common decency and morality.
The City Council further finds that certain lewd, immoral activities carried on in public places for profit are highly detrimental to the public health, safety and welfare, and lead to the debasement of both women and men, promote violence, public intoxication, prostitution and other serious criminal activity.
(§ 2, Ord. 1371-NS, eff. January 18, 2001)
“Nudity” means the showing, exposing, displaying or exhibiting of any of the following:
(1) The human male or female genitals, pubic hair or buttocks with less than fully opaque covering;
(2) The female breast with less than fully opaque covering below a point immediately above the top of the areola, except as necessary while breast feeding an infant under two years of age;
(3) Any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or
(4) Any device worn as a cover over the nipples and/or areolae of the female breast, which device simulates and gives the realistic appearance of nipples or areolae.
“Public place” means any outdoor place owned by a public entity or exterior private property which is open to the general public including, but not limited to, a park, swimming pool, playground, right-of-way, street, walkway, trail, or any other similar open place, including the interior areas of any building or enclosed place which is open to the general public, such as places of entertainment, taverns, restaurants, adult or sexually oriented businesses, juice bars, clubs, theaters, dance halls, banquet halls, party rooms or halls even if limited to specific members (or restricted to adults or select patrons invited to attend), whether or not there is a payment of an admission charge required for entrance to such places.
(§ 2, Ord. 1371-NS, eff. January 18, 2001)
Except as allowed under Section 5-16.05, it is unlawful for any person in any public place to knowingly and intentionally appear in a state of nudity. The conduct of public nudity is a violation of this section without regard to whether or not such person is paid any compensation by another person to so expose him or herself, or directed to so appear by the management of any establishment in which that conduct occurs.
(§ 2, Ord. 1371-NS, eff. January 18, 2001)
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