Naturists and the Law
Naturists and the Law - Frequently Asked Questions
Can local byelaws prohibit nudity? | Can local byelaws prohibit nudity? |
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In rare cases local byelaws may exist which can, if enforced, prohibit naturism In most cases these bylaws date from early in the last century and were enacted to deal with various example of what were then regarded as "nuisances". They often appear anachronistic by modern standards. In Folkestone, for example, enforcement action was taken against naturists by the local council's "Crime Reduction Officer" in response to a complaint from a local resident. The officer concerned visited the beach in question and told people to dress, otherwise they risked arrest under by-laws relating to 'Bathing' and 'Nuisances Contrary To Public Decency'. The byelaw cited was granted in 1935 to the 'Borough of Folkestone' (which no longer exists) "For the good rule and government of the Borough and for the prevention of nuisances". It provides that: 13. (a) No person above 10 years of age shall between the hours of 9am and 8pm undress or dress on any part of the sea beach within the borough west of Folkestone Harbour except in a cabin, hut, tent or the free bathing screen: Provided that this Byelaw shall not apply between the hours of 6.30 pm and 8 pm to that portion of the beach between the Victoria Pier and a point 160 yards west thereof (indicated by a notice erected on the beach). Although it may seem laughable, antiquated rules such as this may, sometimes, be wheeled out to attack naturists. It should be noted that such byelaws apply only to council controlled land and are usually limited to specific geographical areas - a specific beach, rather than all beaches in the area. Byelaws relatiing to nudity or nude bathing frequently refer to "indecent" behaviour. It should be noted that the term is not well defined in law and is, therefore, open to interpretation by magistrates and others. For many years, applications to government for similar byelaws have been routinely refused, but there are now proposals to devolve the power to enact byelaws to local authorities. This will remove the requirement for byelaws to be approved by central government. |
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