Manteca, California
2004

Manteca officials are reacting to reports that someone in town was nude while washing a car on private property and someone else was sunbathing nude in a public park. The resulting overreaction has spawned a proposed ordinance that imposes an outright ban on nudity.

The ordinance would apply to nudity on public land, and in some cases, to nudity on private property, including residential back yards. The broadly worded measure would criminalize the chests of females, but not of males.
 

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RESOURCES

• Ordinance, as proposed
• NAC Action Alert - September 12, 2004

ORDINANCE NO. 1274

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MANTECA ADDING CHAPTER 9.48 TO THE
MANTECA MUNICIPAL CODE RELATED TO

 NUDITY ON PUBLIC LANDS.

 The City Council of the City of Manteca ordains as follows:

SECTION I: Chapter 9.48 is hereby added to the Manteca Municipal Code to read as follows:

Section 9.48.010: Nudity on Public Lands.

(a) Purpose And Intent. The presence of persons who are nude and exposed to public view in or on public rights of way, public park or any other public land, or in or on any private property open to public view from any public right of way, public park or other public land, is offensive to members of the general public unwillingly exposed to such persons. The provisions of this section are enacted for the purpose of securing and promoting the public health, morals and general welfare of all persons in the City of Manteca.

(b)  Definitions. Whenever in this section the word "nude" is used, it shall mean devoid of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person, or any portion of the breast at or below the areola thereof of any female person.

Whenever in this section the term "public right of way" is used, it shall mean any place of any nature which is dedicated to use by the public for pedestrian and vehicular travel, and includes, but is not limited to, a street, sidewalk, curb, gutter, crossing, intersection, parkway, highway, alley, lane, mall, court, way, avenue, boulevard, road, roadway, viaduct, subway, tunnel, bridge, thoroughfare, square, and any other similar public way.

(c)  Nudity Prohibited. No person over the age of ten years shall be nude and exposed to public view in or on any public right of way, public park or other public land, or in or on any private property open to public view from any public right of way, public park or other public land.

(d)  The provisions of this section shall not apply to live theatrical performances performed in a theater, concert hall, or other similar establishment located on public land. As used in this section, theater, concert hall or similar establishment means a building, playhouse, room, hall or other enclosed place not open to public view from any public right of way but having a stage upon which movable scenery is located and theatrical, vaudeville or similar performances are given and seats so arranged that a body of spectators can have an unobstructed view of the stage and whose primary function is to give such performances.

(e) It shall be unlawful and a misdemeanor for any person to violate the provisions of this chapter.

SECTION II: EFFECTIVE DATE:  

 This Ordinance shall become effective 30 days from adoption.

SECTION III: PUBLICATION:

 Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance to be published once in the Manteca Bulletin, a newspaper of general circulation, along with a notice setting forth the date of adoption and the title of this Ordinance.

 THIS ORDINANCE WAS INTRODUCED at a regular meeting of the City Council of the City of Manteca on the _____ day of ___________,2004, and was PASSED AND

ADOPTED at a regular meeting of said Council on the ________ day of ________________, 2004, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

       APPROVED:

       ___________________________________

       Mayor, City of Manteca

ATTEST:

___________________________________

City Clerk, City of Manteca

CERTIFICATE

       I, JOANN TILTON, CITY CLERK of the City of Manteca, do hereby certify that Ordinance No. _____ was INTRODUCED at the regular meeting of the Manteca City Council held the _____ day of __________, 2004 and was thereafter PASSED, ADOPTED AND ORDERED TO PRINT at the regular meeting of the Manteca City Council held the _____ day of _____________, 2004.

JOANN TILTON

CITY CLERK

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