Newark Municipal Code Ch. 9.24 Indecent Exposure

This chapter is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this chapter which also are used in Sections 318.5 and 318.6, are used in the same sense and mean the same as the same respective words used in Sections 318.5 and 318.6 of the Penal Code.

(Ord. 129 § 1, 1971)

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 who while acting as a waitress or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to the person to perform the activity, in an establishment which serves food, beverages, or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of such establishment:

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.

(Ord. 129 § 3, 1971)

Every person 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 who while acting as a waiter, waitress, or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to the person to perform the activity, in an establishment which serves food, beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of the establishment:

A. Exposes his or her genitals, pubic area, or buttocks; or

B. Employs any device or covering which is intended to simulate the genitals or pubic hair.

(Ord. 129 § 4, 1971)

Every person is guilty of a misdemeanor who permits, counsels, procures or assists any person to so expose himself or herself, or to employ any such device.

(Ord. 129 § 5, 1971)

This chapter 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.

(Ord. 129 § 6, 1971)

A violation of this chapter is punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail for not exceeding six months or by both such fine and imprisonment.

(Ord. 129 § 8, 1971)