HomeMy WebLinkAboutOrdinance #1635 ORDINANCE NO. 1635
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING A NEW ARTICLE NO . 535 REGULATING
INDECENT EXPOSURE AND TOPLESS WAITRESSES AND
PERFORMERS
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Article 535, entitled, "Indecent Ex-
posure of Topless and Bottomless Waitresses and Performers" to
read as follows :
5350. LEGISLATIVE AUTHORIZATION. This ordinance is
adopted pursuant to Sections 318 .5 and 318 .6 of the Penal Code .
All words used in this ordinance 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 word used in the said Sections 318 . 5
and 318 . 6 of the Penal Code .
5351. DEFINITION. THEATER. As used in this ordinance and
in Sections 318 . 5 and 318 . 6 of the Penal Code, "theater" means
a building, playhouse, room, hall or other place having a perma-
nent stage upon which movable scenery and theatrical or vaudeville
or similar performances are given, permanently affixed seats so
arranged that a body of spectators can have an unobstructed view
of the stage, whose primary function is to give such performances,
and for which a city permit or license for a theater is in full
force and effect . This definition does not supersede the pro-
visions of Section 5350 of this code .
5352 . PROHIBITION. BOTTOMLESS . Every person is guilty of a
misdemeanor who:
(a) Exposes his or her genitals, vulva, anus , pubic
hair or cleft of the buttocks or employs any device or covering
which is intended to simulate the genitals , vulva, anus , pubic
hair or cleft of the buttocks 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
1 .
expose himself or herself, or to employ any such device .
5353 • PROHIBITION. TOPLESS WAITRESSES AND PERFORMERS .
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 nipple of either breast and/or
that portion of either breast which contiguously surrounds
the nipple and which is of a different natural pigmentation
than the main portion of either breast .
(b) Employs any device or covering, which is in-
tended 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.
5354 . ACCESSORIES . Every person is guilty of a misdemeanor
who permits, counsels, or assists any person to violate any pro-
vision of this article .
5355 . 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 .
5356 . CONSTITUTIONALITY. If any provision or clause of
this article or application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other provisions
or applications of this article which can be given effect without
the invalid provision or application, and to this end the pro-
visions of this article are declared to be severable .
5357 • PENALTY . A violation of this article is punishable
by a fine not exceeding $500, or by imprisonment in the county
jail for not exceeding six months or by both such fine and im-
prisonment .
SECTION 2 . This ordinance shall take effect thirty days
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News, a weekly news-
paper of general circulation, printed and published in Huntington
2 .
Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 16th
day of February 1971 .
Mayor PRO TEM
ATTEST:
(_: �_I_e r
City{ erk
APPROVED AS TO FORM:
C , y At rney .�
3 .
Ord. N,o. 1635
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES , The duly elected , qualified, and
acting City Clerk of the City of Huntington Beach and- ex-
officio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular
meeting thereof held on the lst . day of February
19 71 , and was again read to said City Council at a regular
meeting thereof held on the 16thday of February,
1971 and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council.
AYES: Councilmen:
McCracken, Bartlett, Gibbs, Coen, Green, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
I. PAUL C. JONES, CITY CLERK of the City of City Clerk and f f i c 1 o Clerk
of the CityCouncil of the City
Huntington Beach and ex
-officio Clerk of the City
Council, do hereby certify that this ordinance has of Huntington Beach, California
been pub'shed in the Huntington Beach News on
....... 19.71...
In accordance with a City Charter of said City.
pA1JL..C A...JONES
t
y Clerk
Deputy City Cietk