Pomona Municipal Code Art. V Offenses Involving Public Morals

(a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Public place means any location frequented by the public or where the public is present or likely to be present or where a person may reasonably be expected to be observed by members of the public. The term "public places" include, but are not limited to, streets; sidewalks; parks; beaches; business and commercial establishments, whether for profit or not for profit and whether open to the public at large or where entrance is limited by a cover charge or membership requirement; bottle clubs; hotels; motels; restaurants; nightclubs; country clubs; cabarets; and meeting facilities utilized by any religious, social, fraternal, or similar organizations. Premises used solely as a private residence, whether permanent or temporary in nature, shall not be deemed a public place. A public place shall not include enclosed single sex public restrooms, enclosed single sex functional showers, locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein; nor shall it include a person appearing in a state of nudity in a modeling class operated by: (i) a proprietary school, licensed by the state; a college, junior college or university supported entirely or partly by taxation; or (ii) a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college or university supported entirely or partly by taxation or an accredited private college.

Theater means a building, room, hall or other place having permanently fixed seats so arranged that a body of spectators can have an unobstructed view of the stage, established primarily or devoted to theatrical performances.

(b) It is a misdemeanor for a person knowingly and intentionally, in a public place, to:

(1) Engage in actual or simulated sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions or other ultimate sex acts;

(2) Appear in a state of nudity; or

(3) Fondle the genitals of himself or another person.

(c) Nudity in public places shall be permitted within a bona fide theater for theatrical performances only.

(d) Any person who employs, procures, permits or assists any person to engage in conduct prohibited by subsection (b) of this section is guilty of a misdemeanor.

(Code 1959, §§ 14.4-1—14.4-4; Ord. No. 3880, § 3 (part))

State Law reference— Indecent exposure, Penal Code § 314 et seq.

No person conducting or owning any establishment described in section .5809-10 [of the Pomona Zoning Ordinance] and no person in charge, management, or control of such an establishment shall let or cause to be let any room or area of the establishment for a period of fewer than 12 hours, nor shall any such person let or cause to be rented any room or area of the establishment more than twice in any 24-hour period commencing at 12:01 a.m.

(Ord. No. 4293, § 2, 11-16-2020)