Chapter 9.37
NUDITY AND PARTIAL NUDITY IN PUBLIC PLACES PROHIBITED
Sections:
9.37.010 Legislative authorization.
9.37.030 Prohibition—Breast display.
9.37.010 Legislative authorization.
Chapter 9.37 and its sections are adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in Chapter 9.37 and its sections which also are used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in Sections 318.5 and 318.6 of the Penal Code. (Ord. 272 § 4, 1970: Ord. 255 § 1 (part), 1969)
9.37.020 Theater—Definition.
As used in this chapter and its sections and in Sections 318.5 and 318.6, “theater” means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery is placed and theatrical or vaudeville or similar performances are given and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of Section 9.37.010. (Ord. 272 § 5, 1970: Ord. 255 § 1 (part), 1969)
9.37.030 Prohibition—Breast display.
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 the areola of either breast or any portion of either breast below the areola thereof; 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. 272 § 6, 1970: Ord. 255 § 1 (part), 1969)
9.37.040 Prohibition.
Every person is guilty of a misdemeanor who exposes his or her genitalia, pubic hair or natal cleft or perineum or employs any device or covering which is intended to simulate the genitalia 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. (Ord. 272 § 7, 1970: Ord. 255 § 1 (part), 1969)
9.37.050 Accessories.
Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of Sections 9.37.030 or 9.37.040. (Ord. 272 § 8, 1970: Ord. 255 (part), 1969)
9.37.060 Exceptions.
This chapter 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. 272 § 9, 1970: Ord. 255 § 1 (part), 1969)