Yuba City Municipal Code Ch. 26 Public Nudity Prohibited

The City Council finds that a person's public exposure of his or her private parts:

(a) Invades the privacy of members of the public who are unwillingly or unexpectedly exposed to such conduct and unreasonably interferes with the rights of all persons to use and enjoy the public streets, sidewalks, street medians, parklets, plazas, public rights-of-way, transit vehicles, stations, platforms, transit system stops and private properties open to the public;

(b) Creates a public safety hazard by creating distractions, obstructions, and crowds that interfere with the safety and free flow of pedestrian and vehicular traffic;

(c) Discourages members of the public from visiting or living in areas where such conduct occurs; and

(d) The City Council has therefore enacted the provisions of this Chapter 5.26 for the purpose of securing and promoting the public health, safety, and general welfare of all persons in the City of Yuba City.

(Ord. No. 008-23, § 3, 5-6-2023)

For the purposes of this Chapter 5.26, the following words and phrases are defined as follows:

(a) "Owner" means the actual owner of the private property, a lessee, or other person in charge of the private property or business premises.

(b) "Agent" means any person or organization expressly authorized by the owner of the private property or business premises to permit a person to be nude thereon.

(c) "Nude" or "nudity" means exposure of the breasts, genitals, perineum, or anal region.

(d) "Person" shall have the same definition as provided in Yuba City Municipal Code Section 1-313(m).

(e) "Private property" shall mean private property or business premises of the owner and property that is not owned by a public entity (e.g., the City of Yuba City).

(f) "Public property" means any property owned or controlled by the City of Yuba City, including, but not limited to, any building, street, sidewalk, bike path, alley, parking lot, plaza, park, playground, pool, beach or adjacent waters, public right-of-way, or other place open to the public.

(Ord. No. 008-23, § 3, 5-6-2023)

Except as provided by Section 5.26.040, no person shall be nude upon public property, upon any portion of private property that is visible from public property, or on private property open to the public.

(Ord. No. 008-23, § 3, 5-6-2023)

This Chapter 5.26 shall not apply to the following:

(a) Children under the age of ten years;

(b) The exposure of a breast while breastfeeding a nursing child;

(c) Theatrical performances in a theater, concert hall, or other similar establishment;

(d) Nudity within a fully enclosed structure intended to allow brief nudity, such as a bathroom, locker room, dressing room, or changing room;

(e) Any permitted parade, fair, or festival held under a City or other government issued permit; and

(f) Any act that is expressly permitted or prohibited by any law of the State of California or any other applicable law.

(g) In the case of private property that is open to the public, where the owner or agent of private property permits a person to be nude thereon and nudity is permitted on the private property pursuant to the Yuba City Municipal Code or applicable law, including, without limitation, Title 8 of the Yuba City Municipal Code.

(h) Residential private property where the owner, agent, or tenant of the private party permits nudity to occur thereon.

(Ord. No. 008-23, § 3, 5-6-2023)

(a) In addition to any other remedy or punishment available by any law, any person who violates this Chapter 5.26 is guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Further, violations of this Chapter 5.25 may also be enforced pursuant to Chapter 2 of Title 1 of the Yuba City Municipal Code.

(b) In addition to any other remedy or punishment available by any law, violations of this Chapter 5.26 is hereby declared a public nuisance and may be abated pursuant to Chapter 8 of the Yuba City Municipal Code.

(Ord. No. 008-23, § 3, 5-6-2023)