San Dimas Municipal Code Ch. 9.20 Indecent Exposure

A. Legislative Authorization. This section is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this section which also are used in the said 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.

B. Theater—Definition. As used in this section 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 business license for a theater is in full force and effect. This definition does not supersede the provisions of paragraph A of this section.

C. Prohibition. Every person is guilty of a misdemeanor who:

1. 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

2. Permits, procures or assists any person to so expose himself or herself, or to employ any such device.

D. Exceptions. This section does not apply to:

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

2. Any act authorized or prohibited by any state statute.

(Prior code § 19-19; Ord. 426 § 2, 1973)

A. Legislative Authorization. This section is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this section which also are used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in the said Sections 318.5 and 318.6 of the Penal Code.

B. Theater—Definition. As used in this section 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 business license for a theater is in full force and effect. This definition does not supersede the provisions of paragraph A of this section.

C. Prohibition. 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:

1. 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

2. Employs any device or covering which is intended to simulate such portions of the breast; or

3. Wears any type of clothing so that any portion of such part of the breast may be observed.

D. Accessories. Every person is guilty of a misdemeanor who permits, counsels or assists any person to violate any provision of this section.

E. Exceptions. This section does not apply to:

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

2. Any act authorized or prohibited by any state statute.

(Prior code § 19-20; Ord. 426 § 2, 1973)