The board of supervisors of Marin County finds and determines as follows:
(a) It is the policy of this county that the public beaches, parks and places hereof shall be available for the use and enjoyment of the public to the maximum extent possible.
(b) It is further the policy of this county that members of the public are entitled to use the public beaches, parks and places hereof without being subjected to offensive conduct by other members of the public.
(c) The presence of persons in a state of nudity in public places, places open to the public, and places open to public view, whether such places are publicly or privately owned, tends to discourage the use and enjoyment of the public beaches, parks and places of this county, creates a nuisance, and is offensive to members of the public who wish to use and enjoy said public beaches, parks and places.
(d) The presence of persons in a state of nudity in public places, places open to the public, and places open to public view, whether such places are publicly or privately owned, is offensive to persons residing in the vicinity of such places and interferes with said residents’ comfortable enjoyment of their property.
(e) The presence of persons in a state of nudity in public places, places open to the public, and places open to public view, whether such places are publicly or privately owned, creates a nuisance and is offensive as set forth in this section even when such nudity is not sexually motivated and is not otherwise lewd.
(f) The prohibition of nude persons from public places, places open to the public, and places open to public view, whether such places are publicly or privately owned, is necessary to preserve and maintain the public order and the general welfare of the residents of this county.
(g) It is the intent of this board of supervisors to prohibit nudity in public places, places open to the public, and places open to public view, whether such places are publicly or privately owned, even when such nudity is not sexually motivated or otherwise lewd. (Ord. 3439 § 6, 2006; Ord. 2183 § 1, 1975: Ord. 1795 § 1 (part), 1970)

It is the intent and recommendation of this board of supervisors that this chapter, where practicable and legal, will be enforced by the citation procedure set forth in Penal Code Section 853.6, rather than by arrest. (Ord. 2184 § 1, 1975)

Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding fifty dollars or by imprisonment not exceeding thirty days, or by both such fine and imprisonment. (Ord. 2184 § II, 1975: Ord. 1795 § 1 (part), 1970)

Every person who wilfully appears in the unincorporated area of Marin County on or in any beach, park, square, preserve, avenue, street, lane, alley or any other public place, place open to the public, or place exposed to public view, whether such place is publicly or privately owned, in a state of dress or undress in which the pubic hair, genitals, buttocks or any portion of the female breast below the top of the areola of such person is exposed is guilty of a misdemeanor. (Ord. 2183 § II, 1975)

This chapter shall not apply to live theatrical performances performed in a theater, concert hall, or other similar establishment. (Ord. 2183 § III, 1975)

This chapter shall not apply to an appearance in a state of dress or undress as described in Section 6.76.030 upon private property reasonably screened or concealed from neighboring public or private property or from public view, or on a beach or other facility established as “swimsuit optional” by a duly adopted resolution of the board of supervisors. (Ord. 2183 § 1V, 1975)

This chapter shall not apply to children under the age of ten years. (Ord. 2183 § V, 1975)