Chapter 5.36 — PROHIBITED ACTIVITIES

The following activities designated in this chapter are prohibited in the city.

(Prior code § 6300(b)(part)).

The business of conducting public cardrooms or the renting, hiring, allowing and permitting of cardrooms, or the use of space in any business establishment for public card playing is prohibited.

(Prior code § 6300(b)(1)).

(a)

Obscenity is prohibited within the city limits of the city of Campbell.

(b)

"Obscenity" is defined as any act, work, presentation or display that depicts, describes or presents sexual conduct in a patently offensive manner according to contemporary community standards, and which, taken as a whole, lacks serious literary, artistic, political or scientific value. "Patently offensive sexual conduct" includes:

(1)

Representations or descriptions of ultimate sexual acts, or other sexual acts specifically prohibited by law;

(2)

Representations of masturbation, excretory functions and lewd exhibitions of the genitals; and

(3)

Scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above.

(Ord. 2106 § 4 (Exh. C)(part), 2008: Ord. 1537 (part), 1984).

(a)

The following establishments are prohibited:

(1)

Where Russian, Turkish, Finnish, Swedish, hot air, vapor electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation, alcohol or baths of any kind whatsoever are given, administered or furnished; and/or

(2)

Where the public shall have access, on a rental, membership or other basis, to private rooms or suites located within the establishment, in which are located or provided hot tubs, jacuzzis, saunas, showers,

and/or related facilities, or any combination thereof.

(b)

The term "hot tub/sauna establishment" does not include hospitals, nursing homes, sanitaria, or individuals holding an unrevoked certificate to practice the healing arts under the laws of the state, or individuals working under the direction of any such certificated persons.

(c)

The term "hot tub/sauna establishment" does not include any type of a privately owned and operated health spa, gymnasium or exercise facility where the primary purpose of the establishment is the offering of exercise of physical fitness equipment and facilities to patrons; even though such establishment may have, on its premises, related facilities for the incidental use of patrons.

(d)

A massage parlor shall not be deemed a health spa or exercise facility for the purposes of this section; however, a shower shall not be prohibited when it is (1) incidental to the application of a massage; (2) for the purpose of cleansing the body of a customer; (3) a solitary activity as opposed to a group or assisted type of activity.

(Ord. 1284 § 1, 1980).