Guadalupe Municipal Code Ch. 9.17 Public Indecency

A. A person who knowingly or intentionally does any of the following in a public place commits public indecency:

1. Engages in sexual intercourse;

2. Appears in a state of nudity; or

3. Fondles the genitals of himself, herself or another person.

B. The prohibition set forth in subsection (A)(2) hereof shall not apply to any child under 10 years of age or any individual exposing a breast in the process of breast feeding an infant under 2 years of age.

(Ord. 2004-364 §1)

As used in this chapter, certain terms are defined as follows:

"Nudity"

means the showing of the human male or female genital, pubic area or buttocks with less than a full opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of 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 the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.

"Public place"

includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, bars, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.

(Ord. 2004-364 §1)

In addition to the specific penalties provided in this chapter, it is hereby declared that any building, portion of a building, or enclosed place regularly used for the prohibited display of public nudity is a public nuisance, subjecting the owner, proprietor or other operator thereof to any and all actions authorized by the Guadalupe Municipal Code or the laws of the State of California.

(Ord. 2004-364 §1)

It is the intention of the City of Guadalupe that the provisions of this chapter be constructed, enforced and interpreted in such a manner as will cause the least possible infringement of the constitutional rights of free speech, free expression, due process, equal protection or other fundamental rights consistent with the purposes of this chapter. Should a court of competent jurisdiction determine that any part of this chapter, or any application or enforcement of it is excessively restrictive of such rights or liberties, then such portion of this chapter, or specific application of this chapter, shall be severed from the remainder, which shall continue in full force and effect.

(Ord. 2004-364 §1)

Whoever violates any provision of this chapter, either by commission of a public indecency, or by the promotion or maintenance of public indecency as property owner, proprietor or manager of a business, shall be guilty of a misdemeanor and upon conviction shall be sentenced to the maximum penalty allowed by California State law. Each day such violation continues is a separate offense.

(Ord. 2004-364 §1)