Chapter 9.12
OFFENSES AGAINST PUBLIC DECENCY

Sections:

Article I. Places of Amusement or Entertainment

9.12.010    Closing hours.

Article II. Liquor

9.12.020    Drinking in public.

9.12.030    Drinking in vehicle.

9.12.040    Drinking on public highway.

9.12.050    Presence in vehicle where drinking is taking place.

Article III. Obscene Materials

9.12.060    Prohibited conduct.

Article IV. Capping and Impersonation

9.12.070    Lookout for illegal activity.

9.12.080    Repealed.

Article V. Lewdness and Disorderly Houses

9.12.090    Keeping disorderly house.

Article VI. Indecent Exposure

9.12.100    Authority.

9.12.110    Prohibited acts.

9.12.120    Exceptions.

9.12.130    Penalty for violation.

Article VII. Topless Waitresses and Performers

9.12.140    Authority.

9.12.150    Prohibited acts.

9.12.160    Permitting or assisting.

9.12.170    Exceptions.

9.12.180    Penalty for violation.

Article I. Places of Amusement or Entertainment

9.12.010 Closing hours.

No person shall carry on or assist in carrying on any amusement or entertainment to which the public is invited, or in which the public may participate, at any time between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 10 § 24, 1962)

Article II. Liquor

9.12.020 Drinking in public.

No person shall drink any malt, spirituous or vinous liquor containing more than one-half of one percent of alcohol by volume upon any public street, alleyway, sidewalk or parkway, or in any public building, public lavatory, auto park, or lobby or entranceway to any building within the City. (Ord. 10 § 32, 1962)

9.12.030 Drinking in vehicle.

No person shall enter or remain in a vehicle while any other occupant is consuming any alcoholic beverage while the vehicle is on a public street, alleyway or public highway. (Ord. 10 § 37, 1962)

9.12.040 Drinking on public highway.

Every person who goes upon or remains upon any part of a public highway while he is consuming any alcoholic beverage is guilty of a misdemeanor. (Ord. 10 § 39, 1962)

9.12.050 Presence in vehicle where drinking is taking place.

Every person who enters or remains in any vehicle while the vehicle is on any part of any public highway when the person or any other occupant of the vehicle is consuming any alcoholic beverage is guilty of a misdemeanor. (Ord. 10 § 40, 1962)

Article III. Obscene Materials

9.12.060 Prohibited conduct.

No person shall write, compose, stereotype, print, publish, sell, distribute, keep for sale, or exhibit any obscene writing, paper or book; or design, copy, draw, engrave, paint, or otherwise prepare any obscene picture or print; or mold, cut, cast, or otherwise make any obscene figure. (Ord. 470 § 29, 1982; Ord. 10 § 11, 1962)

Article IV. Capping and Impersonation

9.12.070 Lookout for illegal activity.

No person shall act as a lookout for a gambling game, house of prostitution or other illegal act. (Ord. 10 § 19, 1962)

9.12.080 Man dressing as woman.

Repealed by Ord. 1457. (Ord. 10 § 20, 1962)

Article V. Lewdness and Disorderly Houses

9.12.090 Keeping disorderly house.

No person shall keep a riotous or disorderly house, or permit any riotous or disorderly conduct in his house, yard, or premises connected with his house, or be guilty of any riotous or disorderly conduct in any house, yard or premises, whereby the peace, quiet or decency of the neighborhood of the house or of any person may be disturbed. (Ord. 10 § 31, 1962)

Article VI. Indecent Exposure

9.12.100 Authority.

This article is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this article which also are used in Sections 318.5 and 318.6 are used in the same sense and mean the same as the respective words used in Sections 318.5 and 318.6 of the Penal Code. (Ord. 185 § 1, 1971)

9.12.110 Prohibited acts.

Every person is guilty of a misdemeanor who:

(A) Exposes his or her private parts or buttocks or employs any device or covering which is intended to simulate the private parts or pubic hair while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer; or

(B) Permits, procures or assists any person to so expose himself or herself, or to employ any such device. (Ord. 185 § 3, 1971)

9.12.120 Exceptions.

This article does not apply to:

(A) A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances;

(B) Any act authorized or prohibited by any state statute. (Ord. 185 § 4, 1971)

9.12.130 Penalty for violation.

A violation of this article is punishable by a fine not exceeding $500.00 or by imprisonment in the County Jail for not exceeding six months or by both such fine and imprisonment. (Ord. 185 § 6, 1971)

Article VII. Topless Waitresses and Performers

9.12.140 Authority.

This article is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this article which also are used in Sections 318.5 and 318.6 are used in the same sense and mean the same as the respective words used in Sections 318.5 and 318.6 of the Penal Code. (Ord. 186 § 1, 1971)

9.12.150 Prohibited acts.

Every female is guilty of a misdemeanor who, while participating in any live act, demonstration, or exhibition, in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer:

(A) Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation than that of the main portion of the breasts are below such straight line; or

(B) Employs any device or covering which is intended to simulate such portions of the breast; or

(C) Wears any type of clothing so that any portion of such part of the breast may be observed. (Ord. 186 § 3, 1971)

9.12.160 Permitting or assisting.

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this article. (Ord. 186 § 4, 1971)

9.12.170 Exceptions.

This article does not apply to:

(A) A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances;

(B) Any act authorized or prohibited by any state statute. (Ord. 186 § 5, 1971)

9.12.180 Penalty for violation.

A violation of this article is punishable by a fine not exceeding $500.00 or by imprisonment in the County Jail for not exceeding six months or by both such fine and imprisonment. (Ord. 186 § 7, 1971)