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HomeMy WebLinkAbout6.04 Expose Human Body in Public CITY OF DUBLIN' AGENDA STATEMENT CITY COUNCIL MEETING DATE: "January 26, 1987 p SUBJECT PUBLIC HEARING: Ordinance Relating to the Exposure of Portions of the Human Body . EXHIBITS ATTACHED Draft Ordinance RECOMMENDATION pen Public Hearing Receive Staff Presentation Hear Public Testimony Close Public Hearing Waive Reading and Adopt Ordinance FINANCIAL STATEMENT: None DESCRIPTION The attached proposed ordinance is part of the comprehensive revision of the City' s ordinances and development of a Municipal Code. This ordinance prohibits the exposure of certain parts of the human body in any public place, places open to the public, or places open to public view. This ordinance would replace Title 4, Chapter 1, Article 7 of the Alameda County Code which the City adopted by Ordinance No. 13-82 . This ordinance was introduced at the City Council meeting of January 26, 1987 . • ' COPIES TO: • ITEM NO. 6 ? 4 . . . _ . . _ . • .. _ . r , ORDINANCE NO. -87 AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO THE EXPOSURE OF PORTIONS OF THE HUMAN BODY The City Council of 'the City of Dublin does ordain as follows: Section 1 : LEGISLATIVE AUTHORIZATION. This ordinance is adopted pursuant to Sections 318 .5 and 318 .6 of the Penal Code. All words used in this ordinance which also are 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. Section 2: THEATER DEFINITIONS. As used in this ordinance, and in. Sections 318.5 and 318 .6 of the Penal Code, the phrase "theater, concert hall , or other similar establ ishment 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, upon which theatrical or vaudeville- or similar performances are given, and in which the serving of food and/or beverages is clearly incidental to such - performances. This definition does not supersede the provisions of Section 1 of this ordinance. Section 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,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 breast 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. Section 4: PROHIBITION AGAINST DISPLAY OF 'PRIVATE .PARTS. Every person is guilty of a misdemeanor who: . R- • (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 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. Section 5 : ACCESSORIES . Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this ordinance. Section 6: EXCEPTIONS . This ordinance 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 7 : SUPERSESSION. This Ordinance shall supersede the provisions of Article 7 of Chapter 1 , of 'Title 4 of the Alameda County Code, as adopted by Dublin Ordinance No. 13 . Section 8: EFFECTIVE DATE AND. POSTING OF ORDINANCE. This Ordinance shall take effect and be in force thirty (30 ) days from and after the date of its passage. The City Clerk of the. City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED AND ADOPTED by the City Council of the City of Dublin on this day of , 1987 , by the following vote: AYES: , • NOES: ABSENT: Mayor - ATTEST: City Clerk —. '