Chapter 9.08
OFFENSES AGAINST PUBLIC PEACE AND DECENCY

Sections:

9.08.010    Drinking in public place.

9.08.020    Expectorating.

9.08.030    Dropping fruit peels.

9.08.040    Obnoxious conduct.

9.08.010 Drinking in public place.

It is unlawful for any person to sell, drink, or consume beer, wine or any kind of distilled liquors or intoxicating or alcoholic beverages in or upon the public streets or alleys or other public places in the city, except as provided in Chapter 12.12. (Prior code § 5-4.301)

9.08.020 Expectorating.

It is unlawful for any person to expectorate upon the floor of any public building, or upon the steps thereof, or upon the sidewalk of any public street within the limits of the city. (Prior code § 5-4.502)

9.08.030 Dropping fruit peels.

It is unlawful for any person to drop or place upon the steps thereof, or upon the sidewalk of any public street within the limits of the city, any fruit or vegetable, or the peel of any fruit or vegetable. (Prior code § 5-4.503)

9.08.040 Obnoxious conduct.

A.    Theater Defined. As used in this section, and in Sections 318.5 and 318.6 of the Penal Code of the state, the phrase “theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances” means a building, playhouse, room, hall, or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage upon which theatrical or vaudeville or similar performances are given and in which the serving of food and/or beverages is clearly incidental to such performances.

B.    Prohibitions Against the Display of Female Breasts. Every female shall be guilty of a misdemeanor who, while participating in any live act, demonstration, or exhibition in any public place, place open to the public view, or while serving food or drink, or both, to any customer:

1.    Exposes any portion of the areola of either breast;

2.    Employs any device or covering which is intended to simulate such portions of the breast; or

3.    Wears any type of clothing so that any portion of such part of the breast may be observed.

C.    Prohibitions Against the Display of Private Parts. Every person shall be guilty of a misdemeanor who:

1.    Exposes his or her private parts, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or while serving food or drink, or both, to any customer; or

2.    Permits, procures, or assists any person to so expose himself or herself, or to employ any such device.

D.    Accessories. Every person who permits, counsels, or assists any person to violate any provisions of this section shall be guilty of a misdemeanor.

E.    Exceptions. The provisions of this section shall not apply to:

1.    A theater, concert hail, or similar establishment which is primarily devoted to theatrical performances; or

2.    Any act authorized or prohibited by any state statute.

F.    Violation. Any violation of the provisions of this section shall be punishable by imprisonment in the county jail not exceeding six months or by fine not exceeding five hundred dollars ($500.00), or both. (Editorially amended during 2003 codification; Ord. 2003-24 § 1; prior code § 5-4.505)