HomeMy WebLinkAboutORD 1133 (1994) ORDINANCE NO. 1133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, RELATING TO PUBLIC
NUDITY
4
The City Council of the City of Tustin hereby ordains as
5 follows:
6 SECTION 1. Chapter 6 entitled "Public Nudity,"
beginning with Section 6610 is hereby added to Article 6 of the
7 Tustin City Code:
8 "6 6 10 PURPOSE
9 The City of Tustin has a valid
governmental interest in protecting public
]0 order, decency and morality. The City Council
of the City of Tustin finds that the
m] appearance of people in the nude in a public
place or in a place open to, or visible by,
t2 the public is inimical to public order,
decency and morality. The United States
13 Supreme Court has upheld regulation of nudity
to protect the public order, decency and
]4 morality in Barnes v. Glen Theatre, Inc. By
this ordinance the City Council of the City of
15 Tustin intends to regulate public nudity in
public places.
]6
6620 PUBLIC NUDITY PROHIBITED
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It shall be unlawful for any person,
lS while in any public park, playground, public
right-of-way, or in any other public place or
]9 public accommodation, or in any place open to
the public or obviously open to public view
20 (with or without payment of an admission fee),
to knowingly and intentionally:
2]
(a) Expose his or her
22 genital s, pubic hair,
natal cleft, perineum,
23 anal region, or pubic
hair region; or
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(b) Use any device, costume,
25 or covering which gives
the appearance of or
26 simulates the genitals,
pubic hair, natal cleft,
27 perineum, anal region or
pubic hair region; or
Ordinance No.
Page 2
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2 (c) Expose the nipples and/or
areolae of the female
3 breast, except as
necessary while
4 breastfeeding an infant
under two (2) years of
5 age; or
6 (d) Use any device (commonly
known as a "pasty" or
7 pasties") worn as a cover
over the nipples and/or
s areolae of the female
breast, which device
9 simulates and gives the
realistic appearance of
]0 nipples and/or areolae.
]] 6630 EXEMPTIONS
]2 The prohibitions set forth in Section
6620 shall not apply to:
]3
(a) Any child under ten (10)
]4 years of age; or
]5 (b) Any acts prohibited, or
the prohibition of which
]6 is preempted, by any
provision of state law.
]7
(c) Any theater, concert
]8 hall, auditorium or
similar establishment
]9 devoted to theatrical
performances. The phrase
20 'theater, concert hall,
auditorium or similar
2] establishment devoted to
theatrical performances'
22 shall mean a building,
playhouse, room hall or
23 other place having fixed
seats so arranged that a
24 body of spectators can
have an unobstructed view
25 of the stage upon which
theatrical performances
26 Or similar forms of
artistic expression .are
27 presented, and where such
performances are not
28 incidental to the
Ordinance No.
Page 3
2 promoting of the sale of
food, drink or other
3 merchandise and for which
a City license or permit
4 for a theater is in full
force and effect.
6640 VIOLATIONS
6
Violations of this chapter shall
7 constitute a misdemeanor punishable by a fine
or imprisonment, or both. No fine imposed
s pursuant to this chapter for any single
violation thereof shall exceed one thousand
9 dollars ($1,000.00). Imprisonment shall not
exceed six (6) months for each violation of
]0 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
12 follows:
]3 "3221 ENTERTAINMENT DEFINED
]4 The term 'entertainment' as used in this
Part shall mean any portion of an
]~ entertainment presentation, act, play,
burlesque show, revue, pantomime, fashion or
16 style show, scene, song, song and dance act,
or instrumental music participated in by one
]7 (1) or more employees, guests, customers or
any other person or persons.
3223 ADDITIONAL REGULATIONS
]9
The following regulations shall apply to
20 any establishment for which an entertainment
permit has been issued, and it shall be the
2] duty of the permittee both to enforce said
regulations and to inform his employees
22 thereof:
23 (a) Stage or entertainment
areas shall not be open to review
24 from outside the premises.
25 (b) Actions for performers
shall not be lewd, indecent, or
26 simulate a sex act."
27 SECTION 3. Section 3229 of Part 2, Chapter 2,
Article 3 of the Tustin City Code is repealed in its entirety.
28
Ordinance No.
Page 4
2 SECTION 4. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance is, for any
3 reason, held to be invalid or unconstitutional by the decision of
any courn of competent jurisdiction, such decision shall not affect
4 the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance
5 and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that any one
6 or more sections, subsection, subdivision, sentence, clause,
phrase, or portions thereof be declared invalid or
7 unconstitutional.
8 SECTION 5. The City Clerk shall certify to the
adoption of this Ordinance and cause the same to be posted at the
9 duly designated posting places within the City and published once
within fifteen days after passage and adoption as may be required
]0 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;
]2 and, within fifteen days after adoption, the City Clerk shall cause
to be published, the aforementioned summary and shall post a
]3 certified copy of this Ordinance, together with the vote for and
against the same, in the Office Of the City Clerk.
]4
PASSED AND ADOPTED, at a ~
regular meeting 0 the City Council
]5 for the City of Tustin on this 18th day of July, 1994. , 1994.
]7 0MAS R. ~'_~,'AR~LLI, Mayor
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1133
Mary E. Wynn, City Clerk and ex.officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1133 was introduced at
a regular meeting of the City Council held on July 5, 1994 and was
passed and adopted at a regular meeting of the City Council held on
July 18. 1994,. by the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
E. Wynn, City Clerk