San Joaquin Municipal Code Ch. 130 Offenses Against Public Peace and Decency

Section

Alcoholic Beverages

Firearms

Exposure of Body Parts

Cross-reference:

Drug Sales, see Chapter 115

ALCOHOLIC BEVERAGES

(A) It is unlawful to drink any beer, wine or other intoxicating beverage on any street, sidewalk, alley or highway in the city.

(B) This provision shall not be deemed to make unlawful any act or acts which are prohibited by any law of the state.

(1994 Code, § 9.04.010) (Ord. 75-103, passed - -1975) Penalty, see § 10.99

FIREARMS

It is unlawful for any person, other than a police officer or other officer of the law, to fire any gun, rifle, pistol, air-gun or other weapon, or sling-shot, using BB shot, or any other type of projectile, within the city limits of the city.

(1994 Code, § 9.04.020) (Ord. 47, passed - -1953) Penalty, see § 10.99

EXPOSURE OF BODY PARTS

The City Council does find that there exists in this city an increasing trend toward nude and semi-nude acts, exhibitions and entertainment, and of undress by female employees of food, drink and like establishments serving the public, and that the acts and the competitive commercial exploitation of nudity is adverse to the public peace, morals and welfare; and that it is in the best interest of the public safety and convenience of this city to restrict the nudity, and the commercial promotion and exploitation thereof as hereinafter set forth.

(1994 Code, § 9.04.030) (Ord. 79-104, passed - -1979)

All words used in these sections which are also used in Cal. Penal Code §§ 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in Cal. Penal Code §§ 318.5 and 318.6.

(1994 Code, § 9.04.040) (Ord. 79-104, passed - -1979)

(A) The provisions of §§ 130.35, 130.36, 130.38 through 130.40 of this subchapter shall not apply to a theater, concert hall or similar establishment which is primarily devoted to theatrical performances; nor to any act authorized or prohibited by any state statute.

(B) As used in division (A) of this section and in Cal. Penal Code §§ 318.5 and 318.6, the phrase THEATER, CONCERT HALL OR OTHER SIMILAR ESTABLISHMENT WHICH IS PRIMARILY DEVOTED TO THEATRICAL PERFORMANCES means a building, playhouse, room, hall or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville performances or similar forms of artistic expression are presented, and where the performances are not incidental to the promoting of the sale of food, drink or other merchandise, and for which a city license for a theater is in full force and effect. This definition does not supersede the provisions of § 130.35 of this subchapter.

(1994 Code, § 9.04.050) (Ord. 79-104, passed - -1979)

(A) Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves food, beverages or food and beverages, including, but not limited to, alcoholic beverages, for consumption on the premises of the establishment:

(1) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

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

(3) Exposes any portion of the female breast at or below the areola thereof.

(B) A person shall be deemed to be a waiter, waitress or entertainer if the person acts in that capacity without regard to whether or not the person is paid any compensation by the management of the establishment in which the activity is performed.

(1994 Code, § 9.04.060) (Ord. 79-104, passed - -1979)

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:

(A) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region;

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

(C) Exposes any portion of the female breast at or below the areola thereof.

(1994 Code, § 9.04.070) (Ord. 79-104, passed - -1979)

Every person is guilty of a misdemeanor who causes, permits, procures, counsels or assists any person to expose or simulate exposure as prohibited in § 130.39.

(1994 Code, § 9.04.080) (Ord. 79-104, passed - -1979)