Tustin Municipal Code Ch. 6 Public Nudity

The City of Tustin has a valid governmental interest in protecting public order, decency and morality. The City Council of the City of Tustin finds that the appearance of people in the nude in a public place or in a place open to, or visible by, the public is inimical to public order, decency and morality. The United States Supreme Court has upheld regulation of nudity to protect the public order, decency and morality in Barnes v. Glen Theatre, Inc. By this chapter the City Council of the City of Tustin intends to regulate public nudity in public places. (Ord. No. 1133, Sec. 1, 7-18-94)

It shall be unlawful for any person, while in any public park, playground, public right-of-way, or in any other public place or public accommodation, or in any place open to the public or obviously open to public view (with or without payment of an admission fee), to knowingly and intentionally:

(a) Expose his or her genitals, pubic hair, natal cleft, perineum, anal region, or pubic hair region; or

(b) Use 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

(c) Expose the nipples and/or areolae of the female breast, except as necessary while breastfeeding an infant under two (2) years of age; or

(d) Use any device (commonly known as a "pasty" or "pasties") worn as a cover over the nipples and/or areolae of the female breast, which device simulates and gives the realistic appearance of nipples and/or areolae. (Ord. No. 1133, Sec. 1, 7-18-94)

The prohibitions set forth in section 6620 shall not apply to:

(a) Any child under ten (10) years of age; or

(b) Any acts prohibited, or the prohibition of which is preempted, by any provision of state law.

(c) Any theater, concert hall, auditorium or similar establishment devoted to theatrical performances. The phrase "theater, concert hall, auditorium or similar establishment devoted to theatrical performances" shall mean a building, playhouse, room 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. No. 1133, Sec. 1, 7-18-94)

Violations of this chapter shall constitute a misdemeanor punishable by a fine or imprisonment, or both. No fine imposed pursuant to this chapter for any single violation thereof shall exceed one thousand dollars ($1,000.00). Imprisonment shall not exceed six (6) months for each violation of this chapter. (Ord. No. 1133, Sec. 1, 7-18-94)