Cape Cod 07-20-07



				NAC Advisory Cape Cod National Seashore July 20, 2007

	Resources

Massachusetts State Law US Disorderly Conduct Law specific to Nat'l Parks US regulation specific to Cape Cod Nat'l Seashore

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		******************************************************************** NATURIST ACTION COMMITTEE ADVISORY ****************************************************************** http://www.naturistaction.org ****************************************************************** Copyright 2007 by the Naturist Action Committee, which is responsible for its content. Permission is granted for the posting, forwarding or redistribution of this message, provided that it is reproduced in its entirety and without alteration. DATE: July 20, 2007 SUBJECT: Cape Cod National Seashore, Massachusetts TO: All Naturists Dear Naturist, This is an Advisory from the Naturist Action Committee concerning Cape Cod National Seashore (CCNS), and specifically Longnook Beach. BRIEF HISTORY AND DISCUSSION Like Herring Cove and other CCNS beaches, Longnook Beach has enjoyed a tradition of clothing-optional sunbathing and swimming for many decades. A 1970s ban on nudity on all areas of CCNS is still in effect, but Park Service Rangers have typically made enforcement of the ban a low priority. A recent increase in warnings and citations for nudity on Longnook and other CCNS beaches reflects a potentially disturbing change in enforcement procedure. The Park Service has attributed the increase to a new enforcement policy that encourages Rangers to handle incidents of illicit public sex by issuing citations for nudity, in addition to the citations for disorderly conduct that have been customary. The new policy has skewed the statistical record concerning citations for simple nudity at CCNS, a situation that is problematic for naturists, both in the short run and as part of the long term relationship between naturists and Seashore management. WHAT IS NAC DOING? The Naturist Action Committee has been working with Cape Cod National Seashore managers and with beach users. That work continues. NAC board member Virginia Schnee will be meeting again soon with the Chief Ranger of the Seashore to clarify Park Service protocols. NAC will follow up with further information for beach users. WHAT IS NAC ASKING YOU TO DO? This is an Advisory. NAC is asking you to be aware of the situation. NAC is asking that you NOT take specific action at this time. Please observe the following reasonable extensions of standard beach etiquette when enjoying the traditionally clothing-optional section of Longnook Beach at CCNS: 1. Be sure to position yourself out of visual range of the textile beach area at the base of the access trail. That means staying beyond the point where you can see the bluff at the top of the access trail. If you see someone who is nude and too close to the textile area, ask them to move down the beach to avoid conflicts and/or complaints. 2. Pick up and pack out all trash you bring in, as well as any trash you may find on the beach. 3. Do not engage in lewd behavior; discourage others from doing so. 4. Avoid placing rangers in a position of conflict between tolerance and duty to enforce an unpopular restriction. Cover up when a Park Service Ranger approaches. Always be courteous toward rangers. MORE INFORMATION AND RESOURCES Additional information and links are available, along with this NAC Advisory, on the web site of the Naturist Action Committee. http://www.naturistaction.org Select "Alerts, Advisories & Updates," and find this NAC Advisory under Current Advisories. PLEASE HELP NAC TO CONTINUE HELPING NATURISTS! The Naturist Action Committee is a volunteer nonprofit adjunct to The Naturist Society, which got its start on the beaches of Cape Cod National Seashore. Working for the rights and interests of naturists on public land is at the heart of what NAC does. The Naturist Action Committee relies entirely on the voluntary generosity of supporters like you. To donate to NAC, use the address below: NAC PO Box 132 Oshkosh, WI 54903 You may call toll free (800) 886-7230 to donate by phone using your MasterCard, Visa or Discover Card. Or use your credit card to make a convenient online donation: http://www.naturistaction.org/donate/ Thank you for choosing to make a difference. Naturally, Virginia Schnee Board Member Naturist Action Committee --------------------------------------------------------------- Naturist Action Committee (NAC) - PO Box 132, Oshkosh, WI 54903 Executive Dir. Bob Morton - execdir@naturistaction.org Board Member Virginia Schnee - virginia@schnee.com Online Rep. Dennis Kirkpatrick - naturist@sunclad.com --------------------------------------------------------------- \| Top \| Return to Current NAC Advisories \| Return to NAC Home Page \| GENERAL LAWS OF MASSACHUSETTS PART IV. CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES TITLE I. CRIMES AND PUNISHMENTS CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER Chapter 272: Section 16 Open and gross lewdness and lascivious behavior Section 16. A man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, shall be punished by imprisonment in the state prison for not more than three years or in jail for not more than two years or by a fine of not more than three hundred dollars. Chapter 272: Section 53 Penalty for certain offenses Section 53. Common night walkers, common street walkers, both male and female, common railers and brawlers, persons who with offensive and disorderly acts or language accost or annoy persons of the opposite sex, lewd, wanton and lascivious persons in speech or behavior, idle and disorderly persons, disturbers of the peace, keepers of noisy and disorderly houses, and persons guilty of indecent exposure may be punished by imprisonment in a jail or house of correction for not more than six months, or by a fine of not more than two hundred dollars, or by both such fine and imprisonment. _________________________________________ U.S. FEDERAL LAW Specific to National Parks 36 CFR § 2.34 Disorderly conduct. (a) A person commits disorderly conduct when, with intent to cause public alarm, nuisance, jeopardy or violence, or knowingly or recklessly creating a risk thereof, such person commits any of the following prohibited acts: (1) Engages in fighting or threatening, or in violent behavior. (2) Uses language, an utterance, or gesture, or engages in a display or act that is obscene, physically threatening or menacing, or done in a manner that is likely to inflict injury or incite an immediate breach of the peace. (3) Makes noise that is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, and other factors that would govern the conduct of a reasonably prudent person under the circumstances. (4) Creates or maintains a hazardous or physically offensive condition. (b) The regulations contained in this section apply, regardless of land ownership, on all lands and waters within a park area that are under the legislative jurisdiction of the United States. Specific to Cape Cod National Seashore [Code of Federal Regulations] [Title 36, Volume 1] [Revised as of July 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 36CFR7.67] page 117-118 TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY CHAPTER I NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM Sec. 7.67 Cape Cod National Seashore. (13) (e) Public nudity.** Public nudity, including public nude bathing, by any person on Federal land or water within the boundaries of Cape Cod National Seashore is prohibited. Public nudity is a person's intentional failure to cover with a fully opaque covering that person's own genitals, pubic areas, rectal area, or female breast below a point immediately above the top of the areola when in a public place. Public place is any area of Federal land or water within the Seashore, except the enclosed portions of bathhouses, restrooms, public showers, or other public structures designed for similar purposes or private structures permitted within the Seashore, such as trailers or tents. This regulation shall not apply to a person under 10 years of age. \| Top \| Return to Current NAC Advisories \| Return to NAC Home Page \| Entire contents © 2007 Naturist Action Committee, Inc. All rights reserved. Reproduction without permission is prohibited.