San Marcos Municipal Code Ch. 10.42 Nudity, Urination or Defecation in Public Rights-of-Way and Public Places

The presence of persons who are nude, exposed to public view, or urinating and/or defecating in a place open to the public, in or on public rights-of-way, public parks, public beaches or any other public land or facility, or in or on any private property open to public view from any public right-of-way, public park, public beach or other public land or facility, 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. Urination and/or defecation in a public place should be prohibited. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, safety, morals, and general welfare of all persons in the City of San Marcos.

(Ord. No. 2005-1244, 2-22-05)

(a)

Nude means devoid of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person, or any portion of the breast at or below the areola thereof of any female person, or 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.

(Ord. No. 2005-1244, 2-22-05)

(b)

Public Rights-of-Way shall mean any place of any nature which is dedicated to use by the public for pedestrian or 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, drainage channel, storm water channel, canal, subway, tunnel, bridge, thoroughfare, square and any other similar public way.

(Ord. No. 2005-1244, 2-22-05)

It is hereby declared a public nuisance and unlawful for any person to:

(Ord. No. 2005-1244, 2-22-05)

(a)

Be 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 facility, or.

(Ord. No. 2005-1244, 2-22-05)

(b)

Urinate or defecate in a public right-of-way or in or on any private property open to public view from any public right-of-way, public park, public beach or other public land or facility except in an area expressly set aside for such purpose, as stated in Section 10.42.040(c).

(Ord. No. 2005-1244, 2-22-05)

(a)

The prohibitions contained in Section 10.42.030(a) shall not apply to any child under the age of ten years of age or to any person exposing a breast in the process of breast-feeding.

(Ord. No. 2005-1244, 2-22-05)

(b)

The prohibitions contained in Section 10.42.030(a) shall not apply to persons live theatrical performances performed in a theater, concert hall or other similar establishment or premises located on public land or open to the public, and in which the predominant business or attraction is not the offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification.

(Ord. No. 2005-1244, 2-22-05)

(c)

The prohibitions contained in Section 10.42.030(b) shall not apply to urination or defection which is done in any fixture provided for such purposes in any restroom or other facility designed for the sanitary disposal of human waste.

(Ord. No. 2005-1244, 2-22-05)

(d)

The prohibitions contained in Section 10.42.030 shall not apply to any act authorized or prohibited by State or federal statute.

(Ord. No. 2005-1244, 2-22-05)

A violation of this section shall constitute a misdemeanor and shall be punishable by a fine of at least $1,000.00 or by imprisonment for a period of not to exceed six months, or by both fine and imprisonment. The City may prosecute violations of this chapter under its civil administrative authority pursuant to Section 1.12.020 of this Municipal Code, in which case the fine shall also be applicable.

(Ord. No. 2005-1244, 2-22-05)

(a)

The fee for law enforcement and/or code enforcement services shall include the cost of personnel and equipment, but shall not exceed $1,000.00 for a single incident prosecuted as a misdemeanor under Section 10.42.050, above. Such fee is deemed to be supplementary to all other applicable fines and penalties, and the City does not hereby waive its right to seek reimbursement for actual costs exceeding the above amount through other legal remedies or procedures.

(Ord. No. 2005-1244, 2-22-05)

(b)

The amount of such fee charged shall be deemed a debt to the City of the person or persons receiving such services and if such person or persons be minors, then the amount shall be deemed a debt of their parents or guardians. Any person owing money shall be liable in an action brought in the name of the City for recovery of such amount, and the City shall recover its costs and expenses in bringing such recovery action, including, but not limited to, reasonable attorneys' fees, witness fees and associated costs and expenses. Such costs and expenses shall be in addition to the $1,000.00 amount referenced in subsection (a), above.

(Ord. No. 2005-1244, 2-22-05)

The City does not waive its right to seek reimbursement for actual costs of enforcement services through other legal remedies or procedures. The procedure provided for in this chapter is in addition to any other statute, ordinance or law, civil or criminal. This chapter in no way limits the statutory authority of law enforcement, peace officers or private citizens to cite and/or make arrests for any criminal offense arising out of conduct regulated by this article.

(Ord. No. 2005-1244, 2-22-05)