Chapter 10.12

OFFENSES AGAINST PUBLIC DECENCY

1. Parade permit issued pursuant to Chapter 13.12 of the Code;

2. Special events permit issued pursuant to Chapter 13.14;

3. Park entertainment or special use permit issued pursuant to Chapter 13.44 of the Code.

• D. Participating, as an organizer, peddler, or patron, in an event declared to be a downtown special event pursuant to Chapter 6.55 of the Code.

• E. Operating under a sidewalk café permit issued under previously existing provisions of Title 20 of the Code or an encroachment permit issued pursuant to Chapter 13.37 of the Code.

• F. Who sits on a chair on a sidewalk at a business with a sidewalk café permit issued under previously existing provisions of Title 20 of the Code or an encroachment permit issued pursuant to Chapter 13.37 of the Code.

• G. Sitting on a bench that is permanently affixed to the sidewalk at a mass transportation stop, plaza, paseo, or city park.

• (Ords. 25287, 30321, 31207.)

No person shall be cited or arrested under this chapter unless the person engages in conduct prohibited by this chapter:

• A. After having been once previously notified by a police officer within a thirty-day period that the conduct violates this chapter; or

• B. Within three hundred feet of a sign which states that sitting or lying upon the public sidewalk is prohibited during the hours between 8:00 a.m. and 12:00 a.m. (midnight).

(Ords. 25287; 31178.)

Parts:

• 1 Drinking in Public

• 2 Improper Bathing Attire 4 Nude Displays in Public Places 5 Public Urination and Defecation

Part 1

DRINKING IN PUBLIC

Sections:

Except as otherwise permitted under this municipal code, no person shall drink any alcoholic or other intoxicating beverage in the City of San José:

1. On any public street, sidewalk, alley or highway; or

2. In a parking facility or off-street parking establishment as defined in Chapter 20.200 of this Code including the adjacent walkways or landscaped areas.

• (Prior code § 4287; Ords. 25101, 25884.)

No person shall possess or consume any beer, wine or other intoxicating beverage at J.R. Blackmore P.A.L. Sports Center in Emma Prusch Memorial Park in the city, except as purchased on said premises from the concessionaire.

(Prior code § 4288; Ord. 18717.)

Part 2

IMPROPER BATHING ATTIRE

Sections:

T10:6

2025-Supplement 3

PUBLIC PEACE, MORALS AND WELFARE

§ 10.12.090

• A. No person over the age of ten years shall be nude and exposed to public view in or upon any public right-of-way, public park, public lands, or in or upon any private property open to public view from any such park, right-ofway or public property; provided, however, that this section shall not apply to live theatrical performances conducted in a theater, concert hall or similar establishment, which said performances shall be covered by Part 4 of Chapter 10.12 of this Code.

• B. As used in this section, "nude" means devoid of any opaque covering of the genitals, pubic hair, buttocks, perineum, anus or anal region of any person; or any portion of the breast, at or below the areola thereof, of any female person.

(Prior code § 4261; Ord. 19020.)

Part 4

NUDE DISPLAYS IN PUBLIC PLACES*

Sections:

• 10.12.070 Display of female breasts.

• 10.12.080 Display of private parts.

• 10.12.090 Permitting or abetting violations.

• 10.12.100 Exceptions to Part 4 applicability.

As used in this chapter, "theater, concert hall or similar establishment" 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

*State law reference— For statutory provisions authorizing cities to regulate indecent exposure by waiters, waitresses and performers, see Penal Code § 318.5 and 318.6.

stage upon which theatrical or vaudeville or similar performances are given, and in which the serving of food and/or beverages is clearly incidental to such performances.

(Prior code § 4503.)

No female person shall, while participating in any live act, demonstration or exhibition, in any place open to the public or open to public view, or while serving food or drink to any customer in such public place:

• A. Expose any portion of either breast below a straight line so drawn that both nipples and 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. Employ any device or covering, which is intended to simulate such portions of the breast; or

• C. Wear any type of clothing so that any portion of such part of the breast may be observed.

(Prior code § 4500.)

No male or female person shall, while participating in any live act, demonstration or exhibition, in any place open to the public or open to public view, or while serving food or drink to any customer in such public place:

• A. Expose his or her private parts or buttocks, or employ any device or covering which is intended to stimulate the private parts or pubic hair of such person;

• B. Permit, procure or assist any person to so expose himself or herself, or to employ any such device.

(Prior code § 4501.)

No person shall permit, counsel or assist any person to violate any provision of this chapter. (Prior code § 4502.)

T10:7

SAN JOSÉ CODE

§ 10.12.100

The provisions of this part shall not apply to any theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.

No person shall disturb the peace, quiet and comfort of any neighborhood by creating therein any disturbing or unreasonably loud noise. (Prior code § 4231; Ord. 24198.)

(Prior code § 4503.)

Part 5

PUBLIC URINATION AND DEFECATION

Sections:

No person shall urinate or defecate in public except when using a urinal, toilet or commode located in a bathroom, restroom or other structure enclosed from public view. (Ord. 23288.)