Morro Bay Municipal Code Ch. 9.32 Prohibited Conduct

Footnotes:

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Editor's Note: Former Chapter 9.32, Public Nudity, was renamed by Ordinance 461, § 12.

The city council finds and declares that all citizens and members of the public are entitled to use the beaches, parks, playgrounds, public property and other natural resources in their city; it is in the public interest and necessary to the public health, safety and welfare that the beaches, parks, playgrounds, public property and resources be utilized and enjoyed by as many people as possible; the appearance of persons thereon without clothing, exposing the private parts of their bodies, or engaged in any other specified offensive conduct that endangers the public health, interferes with the right of all persons to use and enjoy the beaches, parks, playgrounds, public property and other resources by causing many persons to leave and others not to come to such places and by causing embarrassment, discomfort and offense to persons living in the vicinity thereof; and such nudity or specified offensive conduct imposes an extraordinary burden on city employees charged with the maintenance and safety thereof. It is the intent of the council to prohibit nudity or other specified offensive conduct in such places, irrespective of sexual motives or conduct.

(Ord. 461 § 13, 1997: Ord. 317 § 1, 1988)

A. No person shall appear, bathe, sunbathe, walk, dress or undress or be on or in any public beach or the waters adjacent thereto, park, playground, square, preserve, avenue, street, lane, alley or other public land or on or in any private property opened to the public view from any public beach, playground, park, public place or public right-of-way within the incorporated area of the city in such a manner that the genitals, pubic hair, buttocks, anus, anal regions 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 except as necessary while breast feeding an infant, is exposed to public view or is not covered by an opaque covering.

B. This section does not apply to children under the age of eight years or live theatrical performances performed in a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. The phrase "theater, concert hall or similar establishment" means a building, playhouse, hall or other place having fixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical performances or similar forms of artistic expression are presented, and where such performances are not incidental to the promoting of the sale of food, drink or other merchandise and for which a city license or permit for a theater is in full force and effect.

(Ord. 461 § 14, 1997: Ord. 317 § 2, 1988)

No person shall urinate or evacuate their bowels on private property in an area exposed to public view or on any public street, sidewalk, alley, park, playground, beach or other public place, except in a public restroom.

(Ord. 461 § 15, 1997)

Any person violating the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be punished as set forth in Title 1 of this code.

(Ord. 317 § 4, 1988)