SR-8-D (50)
80
CA:f:\atty\muni\strpts\mjm\nudity3
city council Meeting 7-11-95
JUl 1 1 1995
Santa Monica, California
TO: Mayor and city council
FROM: city Attorney
SUBJECT: Ordinance Adding section 4.08.670 to the Municipal Code
prohibiting Nudity in Public Places
Introduction
At its meeting on June 13, 1995, the city council directed the City
Attorney to prepare an ordinance restricting nudity. The
accompanying ordinance fulfills that request. It prohibits nudity
in public places, including beaches, beach parking lots, streets,
and parks.
Discussion
At present, Santa Monica's Municipal Code does not prohibit nudity.
Section 4.08.070 prohibits persons from putting on or taking off
bathing suits upon beaches, under piers and in their cars.
However, the Municipal Code does not prohibit being nude in public
places (or elsewhere).
The anomalous result is as follows: it is
unlawful to change into one's bathing suit at the beach in Santa
Monica, but it is not unlawful to be nude at the beach.
Likewise, state law does not prohibit nudity in public places.
Penal Code Section 314 prohibits "indecent exposure." It provides,
in pertinent part, that "[e]very person who willfully and lewdly
...(e)xposes his [sic] person, or the private parts thereof, in any
JUl 1 1 !95
80
public place, or in any place where there are present other persons
to be offended or annoyed thereby" is guilty of a crime. The
courts interpret this language to mean that sexual conduct is
required for a violation of section 314. See, e.q., Eckle v.
Davis, 124 Cal. Rptr. 685 (1975); In re smith, 102 Cal. Rptr. 335,
338 (1972). Penal Code section 647(a), which prohibits "lewd or
dissolute conduct", has been even more narrowly interpreted by the
courts.
In response to instances of public nudity, and because state law
does not restrict nudity, other cities in the area have adopted
local laws prohibiting nudity in public places. The attached
ordinance is similar to ordinances which have been adopted by Los
Angeles, Los Angeles County, Santa Barbara and San Diego. It would
add section 4.08.670 to the Municipal Code making it unlawful for
a person to expose specified body parts while at a public park or
on a public beach, public street, or other public property within
the city. The ordinance would exempt persons ten (10) years of age
or younger. A violation of the ordinance would be a misdemeanor.
The proposed ordinance does not restrict nudity on private
property. If the Council determines, as a matter of policy, that
nudi ty should be prohibi ted in other places, we could suggest
language. However, the ordinance is proposed in its present form
because: (1) we are not aware of any complaints about nudity on
private property; and (2) the present proposal is very similar to
the ordinances already adopted by neighboring juriSdictions.
We are advised by the Police Department that situations involving
partial nudity (e.g., topless sunbathers) are routinely handled
through warnings. The Police Department advises that the practice
of giving warnings in these situations would be continued if the
attached ordinance were adopted.
Recommendation
It is respectfully recommended that the City Council introduce the
attached ordinance for first reading.
Prepared By:
Marsha Jones Moutrie, City Attorney
Claudia Thompson, Legal Admin. staff Asst.
CA:f:\atty\muni\laws\mjm\nudity
City council Meeting 7-11-95
Santa Monica, California
ORDINANCE NUMBER
(City council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4.08.670 TO
THE SANTA MONICA MUNICIPAL CODE PROHIBITING NUDITY
IN PUBLIC PLACES
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 4.08.670 is hereby added to the Municipal
Code to read as follows:
4.08.670 Public Nudity.
It shall be unlawful for any female to
expose the areolas of her breasts or for any
person, male or female, to expose his or her
genitalia or anus on public beaches, public
streets, public parks,
or other publ ic
property within the city. The provisions of
this section shall not apply to persons ten
(10) years of age or younger.
Any person violating the provisions of
this Section shall be guilty of a misdemeanor
and upon conviction shall be fined an amount
1
not to exceed Five Hundred Dollars ($500.00)
or be imprisoned for a period not to exceed
six (6) months or both.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further, is
hereby repealed or modified to that extent necessary to effect the
provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city council hereby
declares that it would have passed this Ordinance and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
2
SECTION 4.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~t-~~
MARSHA JO S MOUTRIE
City Attorney
3