Chapter 9.32 — INDECENT EXPOSURE

This chapter is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this chapter which also are used in 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. (Ord. 111-73 § 1, 1973)

As used in this chapter, "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 and whose primary function is to give such performances. These provisions are limited to establishments serving liquor.

(Ord. 111-73 § 2, 1973; amended during 1990 republication)

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 who while acting as a waitress or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to such person to perform such activity, in an establishment which serves food, beverages, or food and beverages, including, alcoholic beverages, for consumption on the premises of such establishment:

• A. 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

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

• C. Wears any type of clothing so that any portion of such part of the breast may be observed. (Ord. 111-73 § 3, 1973; amended during 1990 republication)

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, or who while acting as a waiter, waitress or entertainer, whether or not the owner of the establishment in which the activity is performed employs or pays any compensation to such person to perform such activity, in an establishment which serves food, beverages, or food and beverages, including alcoholic beverages, for consumption on the premises of such establishment:

• A. Exposes his or her genitals, pubic area, or buttocks; or

• B. Employs any device or covering which is intended to simulate the genitals or pubic hair. (Ord. 111-73 § 4, 1973; amended during 1990 republication)

Every person is guilty of a misdemeanor who permits, counsels, procures or assists any person to so expose him or herself, or to employ any such device. These provisions are limited to establishments serving liquor.

• (Ord. 111-73 § 5, 1973; amended during 1990 republication)

This chapter does not apply to:

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

• B. Any act authorized or prohibited by any State statute.

• (Ord. 111-73 § 6, 1973)