HomeMy WebLinkAbout17 PUBLIC NUDITY 07-18-94 NO. 1 7
Inter-Corn
DATE:
JULY 18, 1994
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
OFFICE OF THE CITY CLERK
ORDINANCE NO. 1133, PUBLIC NUDITY
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No.
(roll call vote).
1133
BACKGROUND:
The following Ordinance No. 1133 was introduced at the July 5, 1994
City Council meeting:
ORDINANCE NO. 1133 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, RELATING TO PUBLIC NUDITY
Valerie Whlteman
Chief Deputy City Clerk
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ORD I }LANCE NO. 1133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO PUBLIC
NUDITY
The City Council of the City of Tustin hereby ordains as
follows:
SECTION 1.
beginning with Section
Tustin City Code:
Chapter 6 entitled "Public Nudity,"
6610 is hereby added to Article 6 of the
"6610 PURPOSE
The City of Tustin has a valid
governmental interest in protecting public
order, decency and morality. The City Council
of the City of Tustin finds that the
appearance of people in the nude in a public
place or in a place open to, or visible by,
the public is inimical to public order,
decency and morality. The United States
Supreme Court has upheld regulation of nudity
to protect the public order, decency and
morality in Barnes v. Glen Theatre, Inc. By
this ordinance the City Council of the City of
Tustin intends to regulate public nudity in
public places.
6620
PUBLIC _NUDITY - PROHIBITED
It shall be unlawful for any person,
while in any public park, playground, public
right-of-way, or in any other public place or
public accommodation, or in any place open to
the public or obviously open to public view
(with or without payment of an admission fee),
to knowingly and intentionally:
(a)
Expose his or her
genitals, pubic hair,
natal cleft, perineum,
anal region, or pubic
hair re~ion; or
(b)
Use an~~ device, costume,
or covering which gives
the a~pearance of or
simula=es the genitals,
pubic kair, natal cleft,
perineum, anal region or
pubic ksir region; or
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Ordinance No.
Page 2
(c)
Expose the nipples and/or
areolae of the female
breast, except as
necessary while
breastfeeding an infant
under two (2) years of
age; or
(d)
Use any device (commonly
known as a "pasty" or
pasties") worn as a cover
over the nipples and/or
areolae of the female
breast, which device
simulates and gives the
realistic appearance of
nipples and/or areolae.
6630 EXEMPTIONS
The prohibitions set forth in
6620 shall not apply to:
(a) Any child under ten (10)
years of age; or
(b)
Any acts prohibited, or
the prohibition of which
is preempted, by any
provision of state law.
(c)
Any theater, concert
hall, auditorium or
similar establishment
devoted to theatrical
performances. The phrase
'theater, concert hall,
auditorium or similar
establishment devoted to
theatrical performances'
shall mean a building,
playhouse, room hall or
other place having fixed
seats so arranged that a
body of spectators can
have an unobstructed view
of the stage upon which
theatrical performances
or similar forms of
artistic expression are
presented, and where such
performances are not
incidental to the
Section
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Ordinance No.
Page 3
promoting of the sale of
food, drink or other
merchandise and for which
a City license or permit
for a theater is in full
force and effect.
6640 VIOLATIONS
Violations of this chapter shall
constitute a misdemeanor punishable by a fine
or imprisonment, or both. No fine imposed
pursuant to this chapter for any single
violation thereof shall exceed one thousand
dollars ($1,000.00). Imprisonment shall not
exceed six (6) months for each violation of
this chapter."
SECTION 2. Sections 3221 and 3223 of
Chapter 2, Article 3 of the Tustin City Code are amended
follows:
"3221
ENTERTAINMENT DEFINED
The term 'entertainment' as used in this
Part shall mean any portion of an
entertainment presentation, act, play,
burlesque show, revue, pantomime, fashion or
style show, scene, song, song and dance act,
or instrumental music participated in by one
(1) or more employees, guests, customers or
any other person or persons.
3223
ADDITIONAL REGULATIONS
The following regulations shall apply to
any establishment for which an entertainment
permit has been issued, and it shall be the
duty of the permittee both to enforce said
regulations and to inform his employees
thereof:
(a) Stage or entertainment
areas shall not be open to review
from outside the premises.
(b) Actions for performers
shall not be lewd, indecent, or
simulate a sex act."
Part 2,
to read as
SECTION 3. Section 3229 of Part 2, Chapter
Article 3 ~f the Tustin City Code is repealed in ins entirety.
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Ordinance No.
Page 4
SECTION 4. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance is, for any
reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one
or more sections, subsection, subdivision, sentence, clause,
phrase, or portions thereof be declared invalid or
unconstitutional.
SECTION 5. The City Clerk shall certify to the
adoption of this Ordinance and cause the same to be posted at the
duly designated posting places within the City and published once
within fifteen days after passage and adoption as may be required
by law; or, in the alternative, the City Clerk my cause to be
published a summary of this Ordinance and a certified copy of the
text of this Ordinance shall be posted in the Office of the City
Clerk five days prior to the date of adoption of this Ordinance;
and, within fifteen days after adoption, the City Clerk shall cause
to be published, the aforementioned summary and shall post a
certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED AND ADOPTED, at a regular meeting of the City Council
for the City of Tustin on this day of , 1994.
THOMAS R. SALTARELLI, Mayor
MARY E. WYNN, City Clerk