Solana Beach Municipal Code Art. II Public Nudity Prohibited

A. 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 any public land is offensive to members of the general public unwillingly exposed to such persons. The parks and beaches are owned by the city, are operated and maintained for the use, benefit, recreation and enjoyment of all citizens and residents of the city. It is in the public interest, and necessary to the public health, safety and welfare that the parks and beaches be utilized and enjoyed by as many persons as possible. The maximum utilization and enjoyment of the parks and beaches can only be obtained through the imposition of regulations regarding activities thereon. The appearance of some persons utilizing the parks and beaches without clothing, and with the private parts of their bodies exposed unreasonably interferes with the right of all persons to use and enjoy the parks and beaches by causing many persons to leave, and others not to come to the parks and beaches. Such conduct and behavior imposes an extraordinary and unusual burden on city employees charged with the maintenance of the parks and beaches and the preservation of the safety and well being thereof.

B. The provisions of this article are enacted for the purpose of securing and promoting the public health, morals and general welfare of all persons in the city. (Ord. 29 § 1, 1987; 1987 Code § 8.04.010)

Whenever in this article the word “nude” is used, it 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. (Ord. 29 § 1, 1987; 1987 Code § 8.04.020)

Whenever in this article the words “public place” are used, they mean 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. (Ord. 29 § 1, 1987; 1987 Code § 8.04.030)

It is a public nuisance and unlawful for any person to appear, sunbathe, bathe, walk, disrobe or otherwise be nude in any public place except in those portions of a comfort location expressly set aside for such purpose. Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. (Ord. 29 § 1, 1987; 1987 Code § 8.04.040)

This article shall not apply to:

A. Persons under the age of 10 years;

B. Persons engaged in a live theatrical performance performed in a theater, concert hall or other similar establishment which is predominantly devoted to theatrical performances;

C. To any act or acts which are expressly authorized or prohibited by the Penal Code of the state of California. (Ord. 29 § 1, 1987; 1987 Code § 8.04.050)