ITEM 8-D

City Council Meeting 7-11-95          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 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.g., 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
nudity should be prohibited 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.