HomeMy WebLinkAbout1976-04-27; City Council; 3103; CMC 11.28 adds - Public nudity1
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ORDINANCE NO, 3 103
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 11.28 TO REGULATE PUBLIC NUDITY.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: That Title 11 of the Carlsbad Municipal Code
is amended by the addition of Chapter 11.28 to read as follows:
"CHAPTER 11.28
PUBLIC NUDITY
Sections :
11.28.010 Purpose and intent. 11.28.020 Nudity defined. 11.28.030 Public place defined. 11.28.040 Public nudity prohibited.
11.28.050 Exceptions.
11.28.010 Purpose and intent. The presence of persons who
are nude and exposed to public view in or on public rights of way,
public parks, public beaches 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. Carlsbad are operated and maintained for the use, benefit, recreation and enjoyment of all citizens and residents of this
City; it is in the public interest, and necessary to the public health, safety and welfare that said parks and beaches be utilized
and enjoyed by as many persons as possible; the maximum utiliza- tion and enjoyment of said parks and beaches can only be obtained
through the imposition of regulations regarding activities there-
on; the appearance of some persons utilizing said parks and beaches without clothing and with the private parts of their
bodies exposed, unreasonably interferes with the right of all persons to use and enjoy said parks and beaches by causing many
persons to leave, and others not to come to said parks and beaches; such conduct and behavior imposes an extraordinary and unusual burden on City employees charged with the main- tenance of said parks and beaches and the preservation of the safety and well-being thereof.
The parks and beaches owned by the City of
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The provisions of this chapter are enacted for the purpose of securing and promoting the public health, morals and general
welfare of all persons in the City of Carlsbad.
11.28.020 Nudity defined. Whenever in this chapter the
word "nude" is used, it shall mean 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,
11.28.030 Public place defined. Whenever in this chapter
the words "public place" are used, they shall mean 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.
11.28.040 Public nudity prohibited. It is hereby declared
a public nuisance and unlawful for any person to appear, sunbathe, bathe, walk, disrobe, or otherwise be nude in any public place
except in those portions of a comfort location, if expressly set aside for such purpose. Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by fine of not more
than $500, or by imprisonment in the County Jail for a period of
not more than six months, or by both fine and imprisonment.
11.28.050 Exceptions. This chapter shall not apply to:
1. Persons under the age of 10 years:
2. Persons engaged in a live theatrical performance per- formed in a theatre, concert hall or other similar
establishment which is predominantly devoted to
theatrical performances;
3. To any act or acts which are expressly authorized or
prohibited by the Penal Code of the State of California.'
EFFECTIVE DATE: This ordinance shall be effective thirty
days after its adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
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Carlsbad City Council held on the 20th day of April I
1976, and thereafter an adjourned
PASSED AND ADOPTED at / regular meeting of said Council
held on the 27th day of Apri 1 , 1976, by the followinc
vote, to wit:
AYES : Councilmen Counci
NOES : None
ABSENT : None
ATTEST:
(SEAL)
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Frazee, Lewis, Packard, Skotnicki and woman Casler
&csea ROBERT C. FRAZEM Mayor