Burbank Municipal Code Art. 9 Unlawful Display of Breasts and Private Parts

This article is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. [Added by Ord. No. 2250; formerly numbered Section 20-65; renumbered by Ord. No. 3058, eff. 2/21/87.]

A. WORDS USED IN STATE LAW: All words used in this article which also are used in Sections 318.5 and 318.6 of the Penal Code are used in the same sense and mean the same as they are intended to mean in the said sections.

B. THEATER: As used in this article, and in Sections 318.5 and 318.6 of the Penal Code, the phrase “theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances” shall mean a building, playhouse, room, hall or other place having an unobstructed view of the stage, upon which theatrical or vaudeville or similar performances are given, and in which the serving of food, beverages, or both, is clearly incidental to such performances. This definition does not supersede the provisions of subsection A of this section. [Added by Ord. No. 2250; formerly numbered Section 20-66; renumbered by Ord. No. 3058, eff. 2/21/87.]

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 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

B. Employs any device or covering, which is intended 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. [Added by Ord. No. 2250; formerly numbered Section 20-67; renumbered by Ord. No. 3058, eff. 2/21/87.]

Every person is guilty of a misdemeanor who:

A. Exposes their private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, 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 expose themselves, or to employ any such device. [Added by Ord. No. 2250; formerly numbered Section 20-68; renumbered by Ord. No. 3058, eff. 2/21/87.]

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this article. [Added by Ord. No. 2250; formerly numbered Section 20-69; renumbered by Ord. No. 3058, eff. 2/21/87.]

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. [Added by Ord. No. 2250; formerly numbered Section 20-70; renumbered by Ord. No. 3058, eff. 2/21/87.]