Chapter 3.32 — NUDITY

This chapter is adopted pursuant to sections 318.5 and 318.6 of the Penal Code of the State of California. All words used in this chapter which are also 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.

(Prior code § 3178; Ord. 2208, 07/10/73)

As used in this chapter, and in sections 318.5 and 318.6 of the Penal Code, the terms "theater", "concert hall", or "other similar establishment which is primarily devoted to theatrical performances" shall mean a building, playhouse, 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 such performances are not incidental to promoting the sale of food, drink or other merchandise, and for which a County license for a theater is in full force and effect. This definition does not supersede the provisions of section 3.32.010 of this code.

(Prior code § 3178.1; Ord. 2208, 07/10/73)

Every person is guilty of a misdemeanor who exposes his or her private parts or buttocks, or employs any device or covering to simulate the private parts or pubic hair of such person, while participating in any live act, demonstration or exhibition in any public establishment, establishment open to the public, or establishment open to public view, or while serving food or drink or both to any customer.

(Prior code § 3178.2; Ord. 2208, 07/10/73)

Every person is guilty of a misdemeanor who permits, procures, counsels, or assists any person to violate any provision of section 3.32.030 of this code.

(Prior code § 3178.3; Ord. 2208, 07/10/73)

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 State statute.

(Prior code § 3178.4; Ord. 2208, 07/10/73)

A violation of this chapter is punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment.

(Prior code § 3178.5; Ord. 2208, 07/10/73)

If any provision or clause of this chapter, or application thereof to any person or circumstance, is held invalid by a court of competent jurisdiction, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.

(Prior code § 3178.6; Ord. 2208, 07/10/73)