Santa Fe Springs Municipal Code Ch. 133 Offenses Against Public Morals

An intoxicated person, or a person in an intoxicated condition, shall not willfully appear, remain or be in or on any private premises after being asked to leave the premises by the owner of the premises or the owner's authorized agent.

(Ord. 9, passed 5-15-57; '64 Code, § 15-7)

Cross reference— Penalty, see § 10.97

The provisions of this subchapter are adopted pursuant to Cal. Penal Code §§ 318.5 and 318.6. All words used in such sections which also are 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.

('64 Code, § 15-45; Ord. 458, passed 6-13-74)

For the purpose of this subchapter and Cal. Penal Code §§ 318.5 and 318.6, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Theater. 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 license for a theater is in full force and effect. This definition does not supersede the provisions of § 133.10.

('64 Code, § 15-45.1; Ord. 458, passed 6-13-74)

Every person is guilty of a misdemeanor who:

(A) 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

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

('64 Code, § 15-45.2; Ord. 458, passed 6-13-74)

Cross reference— Penalty, see § 10.97

Every person is guilty of a misdemeanor who permits, counsels or assists any person to violate any provision of § 133.12.

('64 Code, § 15-45.3; Ord. 458, passed 6-13-74)

Cross reference— Penalty, see § 10.97

Section 133.12 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.

('64 Code, § 15-45.4; Ord. 458, passed 6-13-74)

Cross reference— Conditional use permits required, see §§ 155.153, 155.213, and 155.723

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Business. Any place where a profession, trade, calling or enterprise is conducted for which a business license or permit is required in accordance with §§ 35.070 et seq.

Display for Sale. Placed within reach and accessible to any member of the public; provided, however, that the term Display for Sale does not include the inventory shelving or storing of magazines, books or commercially published and distributed publications which are reasonably beyond the reach of customers or the public.

Explicit Sexual Acts. Depictions of sexual intercourse, oral copulation and intercourse, oral-anal copulation, bestiality, sadism, masochism or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, whether any of the above conduct is depicted or described as being performed alone or between humans and animals, or other acts of sexual arousal involving any physical contact with a person's genitals, pubic region, pubic hair, perineum, anus or anal region.

Knowingly. Being aware of the character of the sexually explicit material either directly or because of its outward appearance or its reputation.

Opaque Display Insert. An opaque piece of material which is placed in front or on top of a stack of magazines or other publications displayed for sale, in the event that such magazines or other publications have covers depicting sexually explicit material. Such an insert shall have minimum dimensions sufficient to completely cover from the public view the cover of a magazine or other publication, when such cover depicts sexually explicit material. An Opaque Display Insert may contain the name, title, logo or other printed information regarding the publication which said insert covers from public view.

Person. Any individual, partnership, firm, association, corporation or other legal entity.

Sexually Explicit Material. A form of commercially published and distributed material which exposes to public view any of the following:

(1) Any statements or words describing explicit sexual acts, sexual organs or excrement, where such statements or words have as their predominant purpose of effect sexual arousal, gratification or affront;

(2) Any picture or illustration depicting a person's genitals, pubic region, pubic hair, perineum, anus or anal region, where such picture or illustration has as its predominant purpose or effect sexual arousal or affront;

(3) Any picture or illustration depicting explicit acts, where such picture or illustration has as its predominant purpose or effect sexual arousal, gratification or affront.

('64 Code, § 15-53; Ord. 765, passed 2-22-90)

(A) No person shall knowingly display for sale or knowingly cause or permit to be displayed for sale in any business open to persons under the age of 18 years not accompanied by a parent or guardian any magazine, book or other publication containing illustrations of sexually explicit material, unless such magazine, book or publication is stapled closed, sealed in a wrapper, or is by other means sealed in such a manner as to prevent its opening and examination by any member of the public prior to the time of sale.

(B) No person shall knowingly display for sale or knowingly cause or permit to be displayed for sale in any business open to persons under the age of 18 not accompanied by a parent or guardian, the cover of a magazine, book or other publications, if said cover depicts sexually explicit material, unless the cover of said publication is covered from public view by an opaque display insert.

(C) No provision of this section shall apply to any business which is not open to persons under the age of 18 not accompanied by a parent or guardian and which has a sign posted at each door intended for public entrance which shall read: "Notice, this business displays sexually explicit materials. Admission of persons under the age of 18 years of age unless accompanied by a parent or guardian is prohibited." The letters composing such sign shall be a minimum of three inches high.

('64 Code, § 15-54; Ord. 765, passed 2-22-90)

Cross reference— Penalty, see § 10.97

This subchapter does not prohibit any act either positively permitted or prohibited by state law.

('64 Code, § 15-10; Ord. 385, passed 8-13-70)

A person shall not deal, play, carry on, or conduct:

(A) Any game where players bet or wager money, checks, credits or other things of value against each other; or

(B) Any game of chance for money, checks, credits or other things of value.

('64 Code, § 15-11; Ord. 385, passed 8-13-70; Am. Ord. 476, passed 4-24-75)

Cross reference— Penalty, see § 10.97

A person shall not bet or wager at or on any game.

('64 Code, § 15-11.1; Am. Ord. 476, passed 4-24-75)

Cross reference— Penalty, see § 10.97

A person shall not knowingly permit any game prohibited by § 133.36 to be played, conducted or dealt in any house or other premises owned by, rented by or in the lawn possession of such person.

('64 Code, § 15-12; Ord. 385, passed 8-13-70)

Cross reference— Penalty, see § 10.97

A person shall not resort to, attend, visit or be in any house, room or other place in the city where there is any gambling being conducted, played or carried on.

('64 Code, § 15-13; Ord. 385, passed 8-13-70)

Cross reference— Penalty, see § 10.97

The Chief of Police shall destroy any thing which is used, kept, placed or maintained in violation of any statute or of §§ 133.36 through 133.39 after any person owning, possessing or having control of such cards, game or thing has pleaded guilty to or has been convicted of such violation and such plea of guilty or conviction has become final.

('64 Code, § 15-13.1; Ord. 385, passed 8-13-70)

The Chief of Police shall deposit in the city treasury to the credit of the general fund all money contained in anything he destroys pursuant to the provisions of § 133.40. He shall destroy all other contents of such game or thing.

('64 Code, § 15-13.2; Ord. 385, passed 8-13-70)

The Chief of Police shall apply to the judge of any court which has custody of anything subject to destruction under the terms of § 133.40 for an order releasing such cards, game or thing to him for the purpose of complying with such section.

('64 Code, § 15-13.3; Ord. 385, passed 8-13-70)