Half Moon Bay Municipal Code Ch. 9.15 Regulation of Nudity on Public Property and Private Property Open To…

The city council of the city finds and determines as follows:

A. It is the policy of this city that public beaches, parks and places hereof shall be available for the use and enjoyment of the public to the maximum extent possible.

B. It is further the policy of this city that members of the public are entitled to use the public beaches, parks and places hereof without being subjected to offensive conduct by other members of the public.

C. The presence of persons in a state of nudity in public places, places open to the public, and places open to public view, whether such places are publicly or privately owned, tends to discourage the use and enjoyment of the public beaches, parks and places of this city, creates a nuisance, and is offensive to members of the public who wish to use and enjoy such public beaches, parks and places.

D. The presence of person in a state of nudity in public places, places open to the public, and places open to public view, whether such places are publicly or privately owned, is offensive to persons residing in the vicinity of such places and interferes with such residents' comfortable enjoyment of their property.

E. The presence of persons in a state of nudity in public places, places open to the public, and places open to public view, whether such places are publicly or privately owned, creates a nuisance and is offensive as set forth hereinabove even when such nudity is not sexually motivated and is not otherwise lewd.

F. The prohibition of nude persons from public places, places open to the public, and places open to public view, whether such places are publicly or privately owned is necessary to preserve and maintain the public order and general welfare of the citizens of this city.

G. It is the intent of this city council to prohibit nudity in public places, places open to the public, and places open to the public view, whether such places are publicly or privately owned, even when such nudity is not sexually motivated or otherwise lewd.

(Formerly 9.14.010; Ord. 12-78 § 1(part), 1978; Ord. C-1-09 § 1(part), 2009)

Every person who shall wilfully appear within the city on or in any beach, park, square, preserve, avenue, street, lane, alley or any other public place, place open to the public or place exposed to public view, whether such place is publicly or privately owned, in a state of dress or undress in which the pubic hair, genitals, buttocks or any portion of the areola of the breast of any female person other than the female person breast feeding a child is guilty of a crime.

(Formerly 9.14.020; Ord. 12-78 § 1(part), 1978; Ord. C-1-09 § 1(part), 2009)

This chapter shall not apply to the following circumstances and individuals:

A. Live theatrical performances performed in a theater, concert hall or other similar establishment;

B. An appearance in a state of dress or undress as described in Section 9.15.020 upon private property reasonably screened or concealed from neighboring public or private property or from public view;

C. Children under the age of ten years.

(Formerly 9.14.040; Ord. 12-78 § 1(part), 1978; Ord. C-1-09 § 1(part), 2009)

It is the intent and recommendation of the city council that this chapter, where practicable and legal, will be enforced by the citation procedure set forth in Penal Code Section 853.6, rather than by arrest.

(Formerly 9.14.060; Ord. 12-78 § 1(part), 1978; Ord. C-1-09 § 1(part), 2009)