La Mesa Municipal Code Ch. 10.24 Indecent Literature and Conduct

No person shall, within this city, display, distribute, sell, expose for sale, or give away any books, papers, pictures, pamphlets, periodicals, advertising matter, phonograph records, recordings, or transcriptions of any obscene, indecent, or immoral nature or which by picture, represent acts of gross and open indecency or obscenity or sadism.

(Ord. 588 § 1, September 28, 1954)

In any prosecution under Section 10.24.010, it shall not be necessary for the prosecution to prove any lewd intent on the part of the accused, but it shall be sufficient to sustain a conviction that the accused intentionally had possession of the thing or article and that he could by inspection or examination readily have discovered it to be obscene, indecent, or immoral.

(Ord. 588 § 3, September 28, 1954)

No person shall sell, offer for sale, or keep or maintain for sale any harmful matter, as such term is defined in Section 313, Chapter 7.6, Title 9, Part 1 of the Penal Code of California, in any newsrack on any public sidewalk unless such sale is made, or offer of sale is maintained, in the presence of an adult person authorized to prevent the purchasing of such matter by a minor.

(Ord. 2020 § 1, May 13, 1975)

No person shall sell, offer for sale, or keep or maintain any newspaper or news periodical in any newsrack on any sidewalk in such manner as to expose to the public view any photograph, cartoon or drawing, contained within such publication, displaying any of the following:

(a) The genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region of any person other than a child under the age of puberty;

(b) Any portion of the breast, at or below the aerola thereof, of any female person, other than a child under the age of puberty.

(Ord. 2020 § 2; May 13, 1975)

No person who acts as a waiter, waitress, or entertainer, shall expose the external genital organs or buttocks of or the breasts of such person in an establishment, other than a theater or concert hall, which serves food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of such establishment.

(Ord. 2055 § 1; March 23, 1976)

No person shall employ or use a waiter, waitress, or entertainer, who exposes his or her external genital organs or buttocks or her breasts in an establishment, other than a theater or concert hall, which serves food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of such establishment.

(Ord. 2055 § 1; March 23, 1976)

Repealed.

(Ord. 2172; November 9, 1978)

Sections 10.24.040 and 10.24.050 shall not apply to a theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.

(Ord. 2059 § 1; April 13, 1976)

It shall be unlawful for any person to violate any provision of this chapter. A violation of any of the provisions or failing to comply with any mandatory requirements of this chapter shall constitute a misdemeanor and shall be subject to the provisions of the general penalty clause as set out in Section 1.01.080 of the code of the city of La Mesa.

(Ord. 2638 § 3; November 23, 1993)