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HomeMy WebLinkAboutNS-2018 - Adding Section 10-35 to Santa Ana Municipal Code Pertaining to Public Nudity5/~5/~ ORDINANCE NO. NS- ~18 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING SECTION 10-35 TO THE SANTA ANA MUNICIPAL CODE PERTAINING TO PUBLIC NUDITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN as follows: SECTION 1: The Santa Ana Municipal Code is hereby amended by adding a section to be numbered 10-35, which said section reads as follows: "Sec. 10-35. No person shall willfully appear, bathe, sunbathe, dress, or undress, in any public place, or in any place open to the public or ex- posed to public view, in such a manner that the genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum, or pubic hair region of any person or any portion of the breast at or beyond the edge of the areola thereof of any female person, is/are exposed to public view or is not covered by an opaque covering. "This section shall not apply to the following: "a. Children under the age of 10 years; and "b. Live theatrical performances performed in a theater, concert hall, or other similar es- tablishment located on public on private land." SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitu- tional. ORDINANCE NO. NS-2018 Page two SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 7th day of Auqust , 1989. ATTE ST: c. Gu / Clerk of the Counci'l / COUNCILMEMBERS: Young Aye Acosta ^ye Griset A.¥e McGuigan Aye May Aye Norton Aye Pulido Aye APPROVED AS TO FORM: