Good fences make good neighbors.
Well said. I could not have said it better myself. I know when I reached the third post I was thinking the very same thing- the best way to keep them from complaining is by making sure they can't see it without some form of out-of-the-ordinary-effort. Walking in their backyard and glancing over the fence is normal. Erecting a ladder to look over the privacy fence is not. Waving hello to you and yours while watering the flowers is normal. Crawling through the bushes to get a peek is not. I learned that myself years back at a place I was renting. A couple caught a glance of me in my yard while they drove past. The only way they could see for sure "anything", is by stopping in the middle of the road (no pull offs) and crawling through the bushes. Anddddd, wah lah! They video taped me naked as a jay bid! And they turned that over to the county sheriff who, after viewing it with a sgt. I personally knew, wrote them both tickets. Voyeurism/invasion of privacy, trespassing and impeding traffic on a private roadway. Long story behind it really, but essentially they left me alone and went back home with their pride bruised.
We live in a residential area of Jersey City. There are 16 two story houses per acre. The houses are on full basements. As a result, even the first floor windows have a view over our 6 foot fence. Our lot is 25 feet by 100 feet. The yard is 25 feet by about 40 feet.
Bob
I asked a very experienced litigation attorney friend of mine who is licensed to practice in Florida and Nevada. In urban areas and some rural areas, if a neighbor or passerby can readily see the naked person from a window, a public road or property, while inside a car passing by, etc...... then the naked person is subject to indecent exposure statutes. Of course this does not apply to designated nudist areas.
And no state or local municipality gives a flying f**k about the "Nudist Bill of Rights" in an area not designated as nudist.
Ignorantia juris non excusat or ignorantia legis neminem excusat
(Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content.
Being stupid is never a legal defense, as you will be told as you are taken away in handcuffs.
Here's a scenario for you:I'm leaning naked againsta porchsupport on the side of my house taking in the fine morning air. You'reon a walk accompanied by your 200 lb. English mastiff. In a moment of intestinal discomfort, the dog decides to use my lawn as drop zone.I have to watchyour God-awful monsterassume his awkward squat and push five pounds of processed Alpo out on my grass... sure, nothing obscene about that... but thenyou can turn around, seeMr. Winky looking back at you,and have me carted off for "indecent" exposure! Where's the equity in that! (Sorry if any of you were eating brownies, etc.)
This is something I am wondering about in NC as well... We just bought a house and the neighbors can see our back yard from one upstairs window. I'm in a conservative smaller city and can't risk just asking them if they mind... Word would spread and many would outcast us. I will make every effort to block their view with a fence and some fluffy evergreens, but at what point can I feel comfortable that I will not be arrested in my own backyard? Does anyone know the law in NC? Maybe I just shouldn't risk it, though the thought makes me sad, I do so love the sun on my skin.
This is from the NAC website for NC. There may be other restrictions in your city/community/subdivision.
14-190.9. Indecent exposure.
(a)
Unless the conduct is punishable under subsection (a1) of this
section, any person who shall willfully expose the private parts of his
or her person in any public place and in the presence of any other
person or persons, except for those places designated for a public
purpose where the same sex exposure is incidental to a permitted
activity, or aids or abets in any such act, or who procures another to
perform such act; or any person, who as owner, manager, lessee,
director, promoter or agent, or in any other capacity knowingly hires,
leases or permits the land, building, or premises of which he is owner,
lessee or tenant, or over which he has control, to be used for purposes
of any such act, shall be guilty of a Class 2 misdemeanor.
(a1)
Unless the conduct is prohibited by another law providing greater
punishment, any person at least 18 years of age who shall willfully
expose the private parts of his or her person in any public place in
the presence of any other person less than 16 years of age for the
purpose of arousing or gratifying sexual desire shall be guilty of a
Class H felony. An offense committed under this subsection shall not be
considered to be a lesser included offense under G.S. 14-202.1.
(b) Notwithstanding any other provision of law, a woman may breast
feed in any public or private location where she is otherwise
authorized to be, irrespective of whether the nipple of the mother's
breast is uncovered during or incidental to the breast feeding.
(c)
Notwithstanding any other provision of law, a local government may
regulate the location and operation of sexually oriented businesses.
Such local regulation may restrict or prohibit nude, seminude, or
topless dancing to the extent consistent with the constitutional
protection afforded free speech. (1971, c. 591, s. 1; 1993, c. 301, s.
1; c. 539, s. 124; 1994, Ex. Sess., c. 24, s. 14(c); 1998-46, s. 3;
2005-226, s. 1.)
113-35. State timber may be sold by Department of
Environment and Natural Resources; forest nurseries;
control over parks, etc.; operation of public service
facilities; concessions to private concerns.
(a) ... The Department shall make reasonable rules for the regulation
of the use by the public of such and all State forests, State parks,
State lakes, game refuges and public shooting grounds under its charge,
which rules, after having been posted in conspicuous places on and
adjacent to such properties of the State and at the courthouse of the
county or counties in which such properties are situated shall have the
force and effect of law and any violation of such rules shall
constitute a Class 3 misdemeanor.
A new neighbor had moved in and cut back many bushes in her yardwhich had provided partial screening for my yard which is heavily planted. We have had friendly conversations in the past so I simply asked her," Does this mean that I have to wear a swim suit when I jump in the hot tub?"
She replied," I didn't know that you had a hot tub."
I explained that," Idon't enjoy wearing a suit in the tub but the last thing I want to dois offend anyone"
She said," That dosen't bother me"
I then invited her to come andtake a dip at any time with or without suit.
Problem solved.
This is, of courese, nosolutionto the possiblelegal problems involved but having friendly, understanding neighbors can go a long way toward not having to worry about the legal issues.
I live in Alberta, Canada and my backyard can be viewed by my next door neighbours immediately to the east from their second floor windows. Also we have this alley going beside the house on the other side and while we do have a fence, people could still look in between the slats. When I'm mowing the lawn, I would nothing more than to strip naked while I do it. But these present prohibitive restrictions. That's my situation.
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