Poway Municipal Code Ch. 9.16 Public Nudity

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, is offensive to members of the general public unwillingly exposed to such persons. Nudity, if it is to be permitted to be exposed to public view, should be confined to a defined area. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, morals and general welfare of all persons in the City.

(CC § 32.1001; Ord. 29 § 1, 1981)

For the purpose of this chapter, the following words shall have the meanings set out in this section:

A.

“Nudity”

means devoid of an opaque covering which covers the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, 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.

B.

“Public place”

means any public beach, park, street or waters adjacent thereto, or any place open to the public or exposed to public view, including specifically a view from any private residence or any portion of the real property in the immediate vicinity of such private residence, whether such place is publicly or privately owned.

(CC §§ 32.1002, 32.1003; Ord. 29 § 1, 1981)

It is declared a public nuisance and unlawful for any person to appear, sunbathe, bathe, walk, disrobe, or otherwise be nude in any public place except in an area expressly set aside for such purpose or in those portions of a comfort location, if expressly set aside for such purpose.

(CC § 32.1004; Ord. 29 § 1, 1981)

This chapter shall not apply to persons under the age of 10 years of age.

(CC § 32.1005; Ord. 29 § 1, 1981)

This chapter shall not apply to persons engaged in a live theatrical performance, in a theater, concert hall or similar establishment which is predominantly devoted to theatrical performances.

(CC § 32.1006; Ord. 29 § 1, 1981)

Nothing contained in this chapter shall be construed to prohibit any act or acts which are expressly authorized or prohibited by the Penal Code of the State.

(CC § 32.1007; Ord. 29 § 1, 1981)