Sec. 8-30. - Purpose of article.
Sec. 8-32. - Nudity prohibited.
Sec. 8-33. - Prohibited devices.
Sec. 8-30. - Purpose of article.
The people of the County of Kings find and declare that persons appearing nude or partially nude in public places or places open or exposed to public view is extremely offensive to the vast majority of people, causing them to leave such public places, or to not come at all, or to avoid and remain away from places open or exposed to public view; that such appearance of nude or partially nude persons unreasonably interferes with the right of all persons to use and enjoy public places or to come and go freely without becoming unwilling spectators to such offensive conduct; that the conduct of a nude or partially nude minority has caused the registration of complaints with county personnel, caused time consuming investigation of such matters, has diverted county employees from fulfilling their obligation to protect the health, safety and general welfare of the public at large; and that for these reasons it is in the public interest, and necessary to preserve the public health, safety and welfare, to enact this article.
(Ord. No. 409, § 1, 6-16-81)
Except where the context otherwise requires, the following definitions shall govern the construction of this article:
(a)
Nude means devoid of an opaque covering which covers the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, 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.
(b)
Public place means any public beach, park, street, playground or waters adjacent thereto, or any place open to the public or open or exposed to public view within the unincorporated territory of the County of Kings, 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.
(c)
Theater means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery is located and theatrical or vaudeville or similar performances are given, with permanently affixed seats arranged so that a body of spectators can have an unobstructed view of the stage, whose primary function is to give such performances. This definition is subject to the provisions of subsection (d) of this section.
(d)
All terms used in this article which are also used in Section 318.6 of the Penal Code have the same sense and same meaning as in said Section 318.6 of the Penal Code.
(Ord. No. 409, § 1, 6-16-81)
Sec. 8-32. - Nudity prohibited.
It shall be unlawful for any nude person to appear, perform, sunbathe, bathe, walk, run, stand, or otherwise be in any public place.
(Ord. No. 409, § 1, 6-16-81)
Sec. 8-33. - Prohibited devices.
It shall be unlawful for any person to employ or wear any device or covering in a public place which is intended to simulate the nude genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person or the nude breast or breasts at or below the upper edge of the areola thereof of any female person.
(Ord. No. 409, § 1, 6-16-81)
It shall be unlawful for any person to procure, permit, counsel or assist any person to violate any provision of this article.
(Ord. No. 409, § 1, 6-16-81)
This article does not apply to:
(a)
Any person under ten years of age.
(b)
Participants in any theatrical performance in a theater.
(c)
Any act authorized or prohibited by the laws of the State of California.
(Ord. No. 409, § 1, 6-16-81)
If any provision of this article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
(Ord. No. 409, § 1, 6-16-81)