nudity & masturbation

[duper1]

What is the name of your state? California

My husband and I own a home with a private courtyard. No neighbors can see into our house or our courtyard. The new owner next door is building a second story addition. This addition will have direct views into my home and courtyard. My brother lives with us. he is mentally retarded, he spends several hours a day in the courtyard. Sometimes he takes his clothes off and plays in the water. He occasionally masturbates. My neighbor has been made aware of this fact and has told us once his second story addition is built we will have to keep my brother in the house and keep our curtains closed if my brother is going exhibit these behaviors.

My brother has had these behaviors for 30 years please don't advise me to train him.
My brother becomes very agitated if force to remain indoors. It is impossible for me to monitor him every minute. The reason we bought this house 15 years ago was because of the privacy and freedom it gave my brother. Our courtyard is very small there is no way for me to block the neighbor from seeing into our courtyard or house once his second story addition is built. The planning commission and building dept. was made aware of my concerns and has approved the second story addition. (There is no way to landscape this issue away, nor can we build some kind of structure to block his viewing of our courtyard or into our home.)

We are not in the position to sell our home and move. My husband is self-employed and he suffered and illness that he was bedridden with for over 7 months. We used the equity we had in our home to pay our bills.

My question is can my neighbor file charges if he witness my brother's behavior from his second story addition?

 

[rmet4nzkx]

Is your brother a client of the regional center? What has his case manager done to assist with this problem or in looking for alternative housing for your brother? Is he on and medication to help with behavioral problems? Whether or not you or your brother can receive a citation for public nudity or masturbation on your private property, is questionable, it can vary from place to place so you should contact your local city government for thewir local ordinances which cover "public view" and if there is such an ordinance, if there is a waiver or grandfather clause to protect your use of your property. However on the practical side, your claim that your brother cannot be taught appropriate behavior is an issue that can be addressed and will eventually have to be addressed. Why can't you install an overhead screened arbor for the courtyard or window coverings?

Here is an example of such an ordinance, you can also reference the CA Penal code 647. Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:
(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=639-653.1
for other references statewide http://www.bayareanaturists.org/resource.html
Now if your brother isn't competent, what would happen if he were cited? WHat would happen if you were cited or APS was contacted? That is why you must address the issues of appropriate behavior rather than indulge it.

11.12.100 Purpose and intent.

A. The presence of persons who are nude and exposed to public view in or on public rights-of-way, public parks, public beaches or any other public land, or in or on any private property open to public view from any public right-of-way, public beach, public park, or any public land is offensive to members of the general public unwillingly exposed to such persons. The parks and beaches are owned by the city, are operated and maintained for the use, benefit, recreation and enjoyment of all citizens and residents of the city. It is in the public interest, and necessary to the public health, safety and welfare that the parks and beaches be utilized and enjoyed by as many persons as possible. The maximum utilization and enjoyment of the parks and beaches can only be obtained through the imposition of regulations regarding activities thereon. The appearance of some persons utilizing the parks and beaches without clothing, and with the private parts of their bodies exposed unreasonably interferes with the right of all persons to use and enjoy the parks and beaches by causing many persons to leave, and others not to come to the parks and beaches. Such conduct and behavior imposes an extraordinary and unusual burden on city employees charged with the maintenance of the parks and beaches and the preservation of the safety and well being thereof.

B. The provisions of this article are enacted for the purpose of securing and promoting the public health, morals and general welfare of all persons in the city. (Ord. 29 § 1, 1987; 1987 Code § 8.04.010)
11.12.110 Nudity defined.

Whenever in this article the word “nude” is used, it means devoid of an opaque covering which covers the genitals, vulva, pubis, pubic symphysis, pubic hair, buttocks, natal cleft, perineum, anus, anal region, or pubic hair region of any person or any portion of the breast at or below the upper edge of the areola thereof of any female person. (Ord. 29 § 1, 1987; 1987 Code § 8.04.020)
11.12.120 Public place defined.

Whenever in this article the words “public place” are used, they mean any public beach, park, street or waters adjacent thereto, or any place open to the public or exposed to public view, including specifically a view from any private residence or any portion of the real property in the immediate vicinity of such private residence, whether such place is publicly or privately owned. (Ord. 29 § 1, 1987; 1987 Code § 8.04.030)
11.12.130 Public nudity prohibited.

It is a public nuisance and unlawful for any person to appear, sunbathe, bathe, walk, disrobe or otherwise be nude in any public place except in those portions of a comfort location expressly set aside for such purpose. Any person who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment. (Ord. 29 § 1, 1987; 1987 Code § 8.04.040)
11.12.140 Exceptions.

This article shall not apply to:

A. Persons under the age of 10 years;

B. Persons engaged in a live theatrical performance performed in a theater, concert hall or other similar establishment which is predominantly devoted to theatrical performances;

C. To any act or acts which are expressly authorized or prohibited by the Penal Code of the state of California. (Ord. 29 § 1, 1987; 1987 Code § 8.04.050)

 

[CdwJava]

647(a) would not likely be the offense used for this - PC 314 would be the most likely charge:

314. Every person who willfully and lewdly, either: 1. Exposes
his person, or the private parts thereof, in any public place, or in
any place where there are present other persons to be offended or
annoyed thereby; or, 2. Procures, counsels, or assists any person
so to expose himself or take part in any model artist exhibition, or
to make any other exhibition of himself to public view, or the view
of any number of persons, such as is offensive to decency, or is
adapted to excite to vicious or lewd thoughts or acts,
is guilty of a misdemeanor.

One question here might be if he is doing this act "willfully" ... my guess is that he is. But, this is something a doctor might be able to clear up. It definitely is "lewdly" so that element would be complete.

And there IS case law to show that the backyard seen from the second floor of another residence is in the "public view".

However, certain people are not capable of commiting a crime:

26. All persons are capable of committing crimes except those
belonging to the following classes:
One--Children under the age of 14, in the absence of clear proof
that at the time of committing the act charged against them, they
knew its wrongfulness.
Two--Idiots.
Three--Persons who committed the act or made the omission charged
under an ignorance or mistake of fact, which disproves any criminal
intent.
Four--Persons who committed the act charged without being
conscious thereof.
Five--Persons who committed the act or made the omission charged
through misfortune or by accident, when it appears that there was no
evil design, intention, or culpable negligence.
Six--Persons (unless the crime be punishable with death) who
committed the act or made the omission charged under threats or
menaces sufficient to show that they had reasonable cause to and did
believe their lives would be endangered if they refused.

Thus, if he is of sufficient mental retardation to be considered an "idiot", then he could not be charged with a crime.

It is clear that something will have to be done about the brother whether you like it or not. If some re-education, or some form of fence or visual concealment is not able to be done, be prepared for some time in court and - possibly - your brother's arrest.

- Carl

 

[FarmerJ]

Even if he has done this for 30 yrs you can set up consequences and run a program at home. Try again to teach him that it is not appropriate behavior to masturbate anywhere but in his own room, Teach him that in his room he can have private time and to do it anywhere else is not appropriate. give him positive reinforcers for following that program , like earned points and create a point board If he is so low function that he cannot grasp the concept of earning points then your going to have to use something like FOOD or time with a specific reward to be given when he remains dressed in the yard and deny the reward when the program is broken. To say he cannot learn something new is hogwash. I work in group homes with men whose function runs from high to the lowest of low. These men can be taught what is acceptable behavior. and DONT forget to include timed physical restraint. CONTACT your local asociation for retarded citizens to learn how to properly do basket holds and if needed see if they can direct you on where to take a theraputic intervention course.

 

[BelizeBreeze]

Even if he has done this for 30 yrs you can set up consequences and run a program at home. Try again to teach him that it is not appropriate behavior to masturbate anywhere but in his own room, .

WHAT?????????????????????????

Damn, then I guess the bathroom, hotel rooms, the shower and the backseat of a '57 chevy are off limits too

 

[rmet4nzkx]

WHAT?????????????????????????

Damn, then I guess the bathroom, hotel rooms, the shower and the backseat of a '57 chevy are off limits too

When they are open to public view, so there go your plans for an outdoor glass shower stall...

 

[BelizeBreeze]

When they are open to public view, so there go your plans for an outdoor glass shower stall...

ahhh but I can go you one better. Open fore-deck of "Harvey" in the Gulf

 

[rmet4nzkx]

ahhh but I can go you one better. Open fore-deck of "Harvey" in the Gulf

You would be wearing chaps for protection then one would suppose? Just in case

 

[rmet4nzkx]

What is the name of your state? California

My husband and I own a home with a private courtyard. No neighbors can see into our house or our courtyard. The new owner next door is building a second story addition. This addition will have direct views into my home and courtyard. My brother lives with us. he is mentally retarded, he spends several hours a day in the courtyard. Sometimes he takes his clothes off and plays in the water. He occasionally masturbates. My neighbor has been made aware of this fact and has told us once his second story addition is built we will have to keep my brother in the house and keep our curtains closed if my brother is going exhibit these behaviors.

My brother has had these behaviors for 30 years please don't advise me to train him.
My brother becomes very agitated if force to remain indoors. It is impossible for me to monitor him every minute. The reason we bought this house 15 years ago was because of the privacy and freedom it gave my brother. Our courtyard is very small there is no way for me to block the neighbor from seeing into our courtyard or house once his second story addition is built. The planning commission and building dept. was made aware of my concerns and has approved the second story addition. (There is no way to landscape this issue away, nor can we build some kind of structure to block his viewing of our courtyard or into our home.)

We are not in the position to sell our home and move. My husband is self-employed and he suffered and illness that he was bedridden with for over 7 months. We used the equity we had in our home to pay our bills.

My question is can my neighbor file charges if he witness my brother's behavior from his second story addition?

Here is your response to your other thread started today.

My brother has an IQ of 9. He is profoundly retarded. He does not feed himself, or does he toilet himself. You have got to be kidding "should have been socialized" "counseling" you have no clue do you? As for hiring a nurse what planet do you live on? The little money my brother receives does not even cover is medication. My neighbor was has chosen to do an addition to his home so he can rent out rooms to people he sneaks across the border. He's not even here legally. It is my family that is being penalized.

Your brother may be profoundly retarded but he has an IQ of more than 9! And if he requires such care the state has programs available for all of this including his medication so why have you not applied for them? Something is profoundly wrong with your posts and your version of the facts. If you cannot adequately care for your brother he should be removed from your care.
Is this your previous thread with several of the facts changed?
https://forum.freeadvice.com/showthread.php?t=320523

What is the name of your state? California

My husband and I both worked two jobs for 14 years to save enough money to buy a home that would meets certain very specific needs. I am the conservator of my sister, Debbie. She resides at Fairview Development Center and comes home every other month for six to seven weeks. Debbie is severally mentally retarded and autistic. Debbie is quiet, but has behavioral problems and exhibits inappropriate behavior, such as exposing herself. Debbie is always in a constant state of movement and when force to be inside for extended periods become self abusive.
It took us 6 months of extensive house hunting before we were able to find a home that we could afford that would meet Debbie's needs. Top of our list was a home that had a enclosed private yard. It was paramount that it be completely private with no neighbors being able look into our private outside area, or into our home. It was a priority that Debbie have the ability to be outside without being on exhibit to the neighbors and that we also not have to have our house closed up to achieve privacy.

My neighbor is planning on building a second story addition. It would look directly into our enclosed private courtyard, living room, master bedroom, master bathroom, balcony and second bedroom.
We would have to build a solid patio cover to get our privacy back. We've had two bids both over $20,000.00. We can not afford $1,000.00 let alone $20,000. + A solid patio cover would restrict the air flow and make the inside of our house dark.
We have been here for 14 years The neighbor who is planning on building a second story addition move in 7 years ago and has been renting out every available inch in his home. Building a second story addition will mean he can rent out more space. The City is no help. They say he can have as many people as he wants living in his house. Neighbor has a large yard he could build out instead of up, but does not want to give up is yard.

We just want to retain our privacy and be allowed to use our home in the manner it was purchased for. Can neighbor be required to not put in window on our side? Is there anything we can do to prevent him from stealing our privacy from us?
...

Neighbor say he could care less about our need for privacy. He makes $500.00 from each renter and intends to make as much money as he can. All and I mean every neighbor on our street as well as several homeowners the adjacent street have contacted the City about the proposed addition because of the parking problem created by this homeowner. He and his renters currently take up 75% of the street parking. With this addition he will be making the parking, traffic and noise problem even worse. This neighbor has stolen our sense of security by renting to illegal aliens. He states “they make better tenants because they don’t complain and pay in cash” . These are his words, not mine.
The second story addition would destroys our views. We have a view of the golf course from our master bedroom, master bathroom and this second story addition would also block the light and air to our master bathroom as well.
Two years ago one of the neighbors kids said he was going to remodel. When we asked him about it he said he was going to raise his roof a few feet so he could have higher ceilings. We told him we were planning to use the equity in our home to make improvement that would make having Debbie here easier, but did not want to spent all our equity making improvements If he was planning on building on new rooms to rent out. We would instead use it to purchase another home. We asked him to give us a heads up if he planned on building on. He said he would. He stood by and watch us spend every dime of equity and then some making improvements to our home.
...
I Read You Loud And Clear
I No Longer Can Provide My Sister With A Safe Place To Live
I Have No Rights
He Can Build And Block My View
He Can Build And Block The Light And Air
He Can Steal Our Privacy
He Can Degrade The Quality Of Life For All His Neighboors
As I Said Before, If He Had Be Open And Honest With Us We Would Have Choosen To Move Instead Of Sinking Every Dime We Had Into Our Home.
We Mistakenly Belived You Could Not Build A Motel And Call It A Home.

WE HAVE TO WALK AWAY FROM THIS HOME WITH NOTHING. DO YOU WANT TO BUY US A HOME IN THE COUNTRY ALL SET UP TO ACCOMADATE MY SISTERS NEEDS?
HOW ABOUT RELOCATING OUR BUSINESS TOO. IT ONLY TOOK US 12 YEARS TO ESTABLISH
OR DO YOU SUGGEST WE FOLLOW THE EXAMPLE OF OUR NEIGHBOOR AND RENT OUT EVERY INCH OF SPACE WE CAN. EVEN IF WE RENTED TO HALF OF THE PEOPLE HE CURRENTLY DOES WE COULD MAKE $60,000. A YEAR IN UNDECLARED INCOME. ONE THING WRONG WITH THAT PLAN WE HAVE MORALS BUT I GUESS THAT DOES NOT COUNT FOR ANYTHING
HASH THAT OUT!

Now that we have more facts, care to clarify exactly what is going on Carol?

 

[FarmerJ]

Beli Back seat sex in a 57 chevy should allways be reserved for the 3rd show at drive in movie theatres when parked in the back row LOL. Especially if they have a classic car night !

 

[CdwJava]

Beli Back seat sex in a 57 chevy should allways be reserved for the 3rd show at drive in movie theatres when parked in the back row LOL. Especially if they have a classic car night !

No, no, no!

It's the fold down cargo area of a '72 Buick station wagon! It fits a sleeping bag for two!

- Carl

 

[outonbail]

He makes $500.00 from each renter and intends to make as much money as he can.

This is probably why he's building up. The rooms with the view of your property/home and the available side show, will probably be rented by the hour.

 

[rmet4nzkx]

No, no, no!

It's the fold down cargo area of a '72 Buick station wagon! It fits a sleeping bag for two!

- Carl

and you know this information, how?

 

[CdwJava]

and you know this information, how?

I ... uh ... that is ... uh ... my SISTER told me!

The fact that my parents owned one is completely coincidental!

- Carl

 

[rmet4nzkx]

I ... uh ... that is ... uh ... my SISTER told me!

The fact that my parents owned one is completely coincidental!

- Carl

That reminds me of a snake story