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Chapter 11.22 NUDE PERFORMERS AND WAITERS

Part 1 Indecent Exposure

§ 11.22.010 Statutory Authority for Part 1 Provisions—Definitions.

The ordinance codified in this Part 1 is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this Part 1 which also are used in said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in the said Sections 318.5 and 318.6 of the Penal Code.

(Ord. 89-29, 1/23/1990)

§ 11.22.020 Acts Constituting Misdemeanors Designated.

Every person is guilty of a misdemeanor who:

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

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

(Ord. 89-29, 1/23/1990)

§ 11.22.030 Exceptions to Part 1 Applicability.

This Part 1 does not apply to:

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

Any act authorized or prohibited by any State statute.

(Ord. 89-29, 1/23/1990)

§ 11.22.040 Violation—Penalty.

A violation of this Part 1 is a misdemeanor.

(Ord. 89-29, 1/23/1990)

§ 11.22.050 Severability.

If any provision or clause of this Part 1 or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Part 1 which can be given effect without the invalid provision or application, and to this end the provisions of this Part 1 are declared to be severable.

(Ord. 89-29, 1/23/1990)

Part 2 Female Performers And Waitresses

§ 11.22.060 Statutory Authority for Part 2 Provisions—Definitions.

The ordinance codified in this Part 2 is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this Part 2, 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 the said Sections 318.5 and 318.6 of the Penal Code.

(Ord. 89-29, 1/23/1990)

§ 11.22.070 Acts Constituting Misdemeanors Designated.

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:

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

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

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

(Ord. 89-29, 1/23/1990)

§ 11.22.080 Counseling or Assisting Prohibited Acts Deemed Misdemeanor.

Every person is guilty of a misdemeanor who permits, counsels or assists any person to violate any provision of this Part 2.

(Ord. 89-29, 1/23/1990)

§ 11.22.090 Exceptions to Part 2 Applicability.

This Part 2 does not apply to:

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

Any act authorized or prohibited by any state statute.

(Ord. 89-29, 1/23/1990)

§ 11.22.100 Violation—Penalty.

A violation of this Part 2 as a misdemeanor.

(Ord. 89-29, 1/23/1990)

§ 11.22.110 Severability.

If any provision or clause of this Part 2 or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Part 2 which can be given effect without the invalid provision or application, and to this end the provisions of this Part 2 are declared to be severable.

(Ord. 89-29, 1/23/1990)