Mission Viejo Municipal Code Ch. 11.18 Offenses Against Morals

Footnotes:

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Editor's note— Ord. No. 94-131, § 1, adopted Feb. 14, 1994, amended former Ch. 11.18, relative to offenses against morals, in its entirety to read as herein set forth in this chapter. The provisions of former Ch. 11.18 were contained in Div. 2, §§ 11.18.200—11.18.230, and derived from Ord. No. 88-12, § 2(3-12-1—3-12-4), adopted June 27, 1988.

Cross reference— Citations in lieu of immediate arraignment, ch. 1.08.

It shall be unlawful, for any person, while in any public park, playground, public right-of-way, or in any other public place or public accommodation, or in any place open to the public or obviously open to public view (with or without payment of an admission fee), to knowingly and intentionally:

(a) Expose his or her genitals, pubic hair, natal cleft, perineum, anal region, or pubic hair region; or

(b) Expose any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or

(c) Expose the nipples and/or areolae of the female breast, except as necessary while breast feeding an infant; or

(d) Expose 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.

(Ord. No. 94-131, § 1, 2-14-94)

The provisions set forth in section 11.18.010 above shall not apply to:

(a) Any child under ten years of age; or

(b) Any acts prohibited, or the prohibition of which is preempted, by any provision of state law; or

(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 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.

(Ord. No. 94-131, § 1, 2-14-94)