Orange County Municipal Code Art. 1 Prohibition of Public Nudity

The Board of Supervisors of the County of Orange finds and determines as follows:

(a) It is the policy of this County that the 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 County 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 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, tends to discourage the use and enjoyment of the public beaches, parks and places of this County, creates a nuisance, and is offensive to members of the public who wish to use and enjoy said public beaches, parks and places, and who are unwillingly exposed to such persons.

(d) The prohibition of nude persons from public places, places open to the public, and places open to public view is necessary to preserve and maintain the public order and the general welfare of the citizens of this County.

(e) It is the intent of this Board of Supervisors to prohibit nudity in public places, places open to the public, and places open to public view even when such nudity is not sexually motivated or otherwise lewd.

(Ord. No. 2842, § 1, 5-27-75)

The following terms as used in this article shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

Nude shall mean devoid of an opaque covering over any one of the following parts of the human anatomy: The genitals, pubic hair, buttocks, natal cleft, perineum, anal region, public hair region, or any portion of the female breast below the top of the areola thereof.

Public right-of-way shall mean any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, square, and any other similar public way or place.

(Ord. No. 2842, § 1, 5-27-75)

Every person over the age of ten (10) years is guilty of a misdemeanor who is nude and exposed to public view in or on any public right-of-way, public park, public beach or waters adjacent thereto, or 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.

The provisions of this section shall not apply to any acts which take place wholly within a fully enclosed building or any portion thereof; and nothing contained herein shall be construed to prohibit any act or acts which are expressly authorized or not prohibited by the Penal Code of the State of California.

(Ord. No. 2842, § 1, 5-27-75)