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HomeMy WebLinkAboutNS-1047ORDINANCE NS-1047 PROHIBITING CERTAIN OBNOXIOUS CONDUCT TH~ CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 12 is hereby added to the Santa Ana Municipal Code to read in words and figures, as follows: CHAPTER 12 ARTICLE 1 ENTERTAINMENT Sec. 12-1. Legislative Authorization. This Article is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code of the State of California. All words used in this Article which are also used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in the said Sections 318.5 and 318.6 of the Penal Code. Sec. 12.2. Theater - Definition. As used in this Article, and in Sections 318.5 and 318.6 of the Penal Code, the phrase "theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances" shall mean 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 u~on which theatrical or vaudeville or similar performances are g~ven, and in which the serving of food and/or beverages is clearly incidental to 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 Section 12-1 of this Article. Sec. 12.3. Prohibition against the Display of Female Breasts. 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 while serving food or drink or both to any customer (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. Sec. 12.4. Prohibition against Display of Private Parts. Every person is guilty of a misdemeanor who: -1- (a) exposes his or her private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubid hair of such person, 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. Sec. 12.5. Accessories. Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this Article. Sec. 12-6. Exceptions. This Article 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. SECTION 2: That this Ordinance shall take effect thirty days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 2n~ day of November , 1970. ATTEST: CLERK OF THE COUNCIL MAYOR STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the l~b day of 0¢to~er , 1970, and was again considered by said Council at its meeting held on the ~,~ day of ~v,,~r , 1970, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Herrin, Evans, Markel, Villa, Yamamoto, Griset NOES, ABSENT, COUNCILMEN: Patterson COUNCILMEN: None CLERK OF THE COUNCIL