3-7
EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS.1
3-7.1 Exposure by Waiters, Waitresses, and Entertainers--Prohibitions and Definitions.
Every person is guilty of a misdemeanor who while acting as a waiter, waitress, or entertainer in an establishment which serves food, beverages, or food and beverages, including, but not limited to alcoholic beverages, for consumption on the premises of such establishment:
a. Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region.
b. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region.
c. Exposes any portion of the female breast at or below the areola thereof. (Code 1972 §22-70; Ord. #940, §1)
3-7.2 Counseling or Assisting.
Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in subsection 3-7.1. (Code 1972 §22-71; Ord. #940, §1)
3-7.3 Employment of Payment Not Necessary for Offense.
A person shall be deemed to be a waiter, waitress, or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed. (Code 1972 §22-72; Ord. #940, §1)
3-7.4 Exposure by Performers in Public--Prohibitions and Definitions.
Every person 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:
a. Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region, or pubic hair region.
b. Exposes any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region.
c. Exposes any portion of the female breast at or below the areola. (Code 1972 §22-73; Ord. #940, §1)
3-7.5 Counseling or Assisting.
Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in subsection 3-7.4. (Code 1972 §22-74; Ord. #940, §1)
3-7.6 Exemption of Theatrical Establishments.
The provisions of this section shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances. (Code 1972 §22-75; Ord. #940, §1)
3-7.7 Giving Massages to Persons of the Opposite Sex; Abatement as a Nuisance.
a. It shall be unlawful for any person to administer for hire or reward, to any person of the opposite sex, any massage, any alcohol rub or similar treatment, nor shall any person cause or permit in or about his place of business, or in connection with his business, any agent, employee or servant or any other person under his control or supervision to administer any such treatment to any person of the opposite sex.
b. This subsection shall not apply to any treatment administered in good faith in the course of the practice of any healing art by any person licensed to practice any such art or profession under the provisions of the State Business and Professions Code or of any other law of the State.
c. Any condition causes or permitted to exist in violation of paragraph a. shall be deemed a public nuisance and may be summarily abated by the City as such. (Code 1972 §22-7)
3-7.8 Deposit of Offensive Matter in Public Places.
a. No person shall deposit, by means of urination or defecation, any human waste material in any public place or in any place open to the public or exposed to public view or upon the surface of the ground or upon any premises, lot or in any building, basement or in any public place other than a proper toilet or portable toilet.
b. For purposes of this section, “human waste material” is defined as human urine discharged from the body or human fecal material defecated from the rectum. (Ord. #1361, §1)
Cross reference: See also, subsection 4-19.2.