HomeMy WebLinkAbout17 PUBLIC NUDITY 07-05-94 NO. 17
7-5-94
I n t e r- C o m
DATE:
June 27, 1994
TO: ,~z~.~.z~ A. HUSTON, CITY MANAGER
FROM.' CITY ATTORNEY
SUBJECT: ADOPTION OF ORDINANCE REGARDING PUBLIC NUDITY
It is recommended that the City Council consider adoption of
the attached ordinance regarding public nudity. This ordinance
reflects the latest thinking of the United States Supreme Court on
the issue. It gives the City of Tustin more effective tools for
regulating public nudity than exist in the current City Code.'
Lois E. j~f/~r~;.~ ~ -
LEJ:cas:D:06/27/94: (Tll)
At t a chment
cc: Christine Shingleton, Assistant City Manager
! ORDIN3-_\'CE NO. 1133
]0
]2
13
]5
]6
]7
]9
20
2!
22
23
24
25
26
27
2g
AN ORDINANCE OF ~ CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO PUBLIC
NUDITY
The City Council of -h_~ = City of Tustin hereby ordains as
follows:
SECTION 1. Chapter 6 entitled "Public Nudity,"
beginning with Section 6610 is hereby added to Article 6 of the
Tustin City Code:
"6610 PURPOSE
The City cf 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 plaze 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 tc regulate public nudity in
public places.
6620
PUBLIC IJ~ITY - PROHIBITED
It shall be unlawful for any person,
while in any pub!ir park, playground, public
right-of-way, or in any other public place or
public accommodatirn, or in any place open to
the public or obvzously open to public view
(with or without pal. Rent of an admission fee),
to knowingly and innentiona!!y:
(a) Expose ~
~.~s or her
genitals, pubic hair,
, natal clef~, perineum,
anal -e~' or
~ zon, pubic
hair regzon; or
(b) Use any ~ ~
__v_ce, costume,
or coverzng which gives
the a~-earance of or
-- -
simul-nes nhe genitals
pubic ..... ~=-~, natal_ cie~t,_
perineur., anal region or
pubic ~=-~ ~egion; or
]0
]2
13
]6
]7
]9
20
22
23
24
25
26
27
28
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 Section
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
i0
]!
]2
16
20
2!
22
23
24
25
26
27
28
Ordinance No.
Page 2
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 Part 2,
Chapter 2, Article 3 of the Tustin City Code are amended to read as
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
(i) 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
duny 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
~ .
~rom outside the premises
(b) Actions for performers
shall not be lewd, indecent, or
simulate a sex act."
-~ ~ ~ . of 2,
Sz~T~ON 3 Section 3229 Part 2, Chapter
Article 3 o= the Tustin City Code is repealed in its entirety.
]2
]3
]4
]6
]7
20
2]
22
23
24
25
26
27
28
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 t'hat 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