Chapter 8.16


8.16.010    Purpose of provisions.

8.16.020    Definitions.

8.16.030    Nudity prohibited.

8.16.040    Chapter not exclusive.

8.16.050    Violation—Penalty.

8.16.010 Purpose of provisions.

The presence of persons who are nude and exposed to public view on beaches in the urban portions of the County is offensive to members of the general public unwillingly exposed to such persons. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, morals and general welfare of all persons in the County. [Ord. 2052, 1974; prior code § 8.52.010].

8.16.020 Definitions.

As used in this chapter:

(A)    “Beach” means all of that area lying along the coast between the mean low water line and the bluffs or high lands which rise above the sandy areas of the beach.

(B)    “Nude” means devoid of opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person.

(C)    “Urban area” means the unincorporated portion of the coast of the County bounded on the northwest by the southeasterly border of the city of Santa Cruz and bounded on the south by the Pajaro River. [Ord. 2052, 1974; prior code § 8.52.020].

8.16.030 Nudity prohibited.

No person shall be nude and exposed to public view in or on any beaches or water adjacent thereto in the urban area of the County as defined in this chapter. [Ord. 2052, 1974; prior code § 8.52.030].

8.16.040 Chapter not exclusive.

It is the intention of the Board of Supervisors in enacting this chapter to provide an additional remedy to meet a particular problem in a portion of the County. It is not the intent of the Board to supersede any other applicable laws or regulations relating to nudity or to grant a license or permission to the public to appear in a state of undress in violation of pertinent provisions of the California Penal Code or other laws. [Ord. 5304 § 16, 2019; Ord. 2052, 1974; prior code § 8.52.040].

8.16.050 Violation—Penalty.

Any person violating the provisions of this chapter is guilty of an infraction and upon conviction shall be punished by a fine not exceeding $100.00; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if a defendant has been convicted of three or more violations of this chapter within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed a conviction of the offense charged. [Ord. 2411, 1977; prior code § 8.52.050].