Brentwood Municipal Code Ch. 9.16 Unlawful Outdoor Activities

The city's public parks, streets, sidewalks and other public areas within the city should be readily accessible and available to residents and the public at large for their intended purposes. The purpose of this chapter is to maintain public areas within the city in a clean, sanitary, safe, attractive and accessible condition and to protect the public health, safety, environment and general welfare of the community. The use of public areas for outdoor activities such as storage of personal property, sleeping in a vehicle, public urinating and defecating, and public nudity interfere with the rights of others to use and enjoy those areas as they are intended. Such activities may create fire hazards, cause pollution and environmental damage, and create unsanitary conditions.

(Ord. 999 § 5, 2018)

In this chapter:

"Private property"

means property owned by anyone other than the city, including property owned by another public agency.

"Public area"

means a place open to the public, including, but not limited to: a public street, public parking lot (whether publicly or privately owned), public sidewalk, public park, public playground, public landscaped area, trail, and other publicly-owned property.

"Public property"

means property owned by the city.

"Store"

means to put aside or accumulate for use when needed, to put for safekeeping, to place, or to leave in a location.

"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 the horizontal line across the top of the areola's highest point with less than a fully opaque covering.

(Ord. 999 § 5, 2018)

It is unlawful and a public nuisance for any person to store personal property in the following areas:

A. Any public property, except with a city permit; or

B. Any private property without the written consent of the owner.

(Ord. 999 § 5, 2018)

It is unlawful for any person to urinate or defecate in a public area other than a restroom, or in a place open to public view, or upon the private property of another, without the consent of the owner or a person in lawful possession.

(Ord. 999 § 5, 2018)

A. Prohibition. It is unlawful for any person to be nude on public property or on any portion of private property that is visible from public property, unless an exception applies under subsection B.

B. Exceptions. This section does not apply to:

1. Children under the age of ten years;

2. The exposure of a breast while breastfeeding a nursing child;

3. Theatrical performances in a theater, concert hall, or other similar establishment, or conducted at an adult business authorized under Chapter 17.690, Adult-oriented business regulations;

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 state law.

(Ord. 999 § 5, 2018)

This chapter may be enforced by civil or criminal action as authorized under Chapters 1.16 through 1.24, General provisions. A violation is a misdemeanor under Chapter 1.20.

(Ord. 999 § 5, 2018)