Pasadena Municipal Code Ch. 9.28 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 said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in said Sections 318.5 and 318.6 of the Penal Code.

(Ord. 5017 § 1, 1971; Ord. 5016 § 1, 1971)

As used in this chapter and in Sections 318.5 and 318.6 of the Penal Code, "theater" means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given, permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, whose primary function is to give such performances, and for which a city permit for entertainment is in full force and effect. This definition does not supersede the provisions of Section 9.28.010 of this chapter.

(Ord. 5017 § 2, 1971; Ord. 5016 § 2, 1971)

Every person is guilty of a misdemeanor who:

A. Exposes his or her private parts or buttocks or employs any device or covering which is intended to simulate the private parts or pubic hair 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, assists or employs any person to so expose himself or herself, or to employ any such device.

(Ord. 5017 § 3, 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 while serving food or drink or both to any customer:

A. Exposes any portion of her breast or breasts, at or below the areola thereof; or

B. Employs any device or covering, which is intended to simulate such portions of the breast or breasts.

(Ord. 5016 § 3, 1971)

Every person is guilty of a misdemeanor who employs, permits, counsels or assists any person to violate any provision of this chapter.

(Ord. 5016 § 4, 1971)

This chapter does not apply to:

A. A theater, concert hall or similar establishment which is primarily devoted to theatrical performances; or

B. Any act authorized or prohibited by any statute of the state of California.

(Ord. 5017 § 4, 1971; Ord. 5016 § 5, 1971)

In addition to any other penalty provided by the law, the commission of the acts prohibited by this chapter shall constitute a nuisance and may be abated by the city seeking an injunction to prohibit further and continued violation thereof.

(Ord. 5017 § 6, 1971; Ord. 5016 § 7, 1971)

Any act made a misdemeanor by the provisions of this chapter shall upon conviction be punishable by a fine not to exceed $500.00 or by imprisonment for a term not exceeding 6 months or by both such fine and imprisonment.

(Ord. 5017 § 5, 1971; Ord. 5016 § 6, 1971)