HomeMy WebLinkAboutORD 16ORDINANCE NO. 16
AN URGENCY ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA. PROHIBITING CERTAIN OBNOXIOUS CONDUCT.
1 The City Council of the City of Palm Desert, California
DOES HEREBY ORDAIN as follows:
SECTION 1. LEGISLATIVE AUTHORIZATION. This ordinance is
adopted pursuant to Sections 318.5 and 318.6of "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
sold Sections 318.5 and 318.6 of the Penal Code.
SECTION 2. THEATER - DEFINITION. As used in this ordinance,
and in Sections 318.S and 118.6 of the Penal Code, the phrase "theater, concert hall,
or other similar establishment which is primarily devoted to theatrical performances•
;t { shall mean a building, playhouse, room, hall or other place having permanently
is `rixed seats so arranged that a body of spectators can have an unobstructed view
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z` _ e stega, upon which theatrical or vaudeville or similar performances are given.
I7 a"= -.%h:ch the serving of food and/or beverages Is clearly incidental to such
ancces (and for which a city license for a theater is in full force and effect) .
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1911 Tt%-j, _er-il i2n does not supersede the provisions of Section 1 of this ordinance.
30 11 SECTION 2. PROHIBITION AGAINST THE DISPLAY OF
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'i Every female is guilty of a misdemeanor who, while participating
:: In any live act, demonstration, or exhibition in any public place, place open to
2s the public, or place opth to public view, or while serving food or drink or both to
2S any customer:
25 (a) exposes any portion of either breast below a straight line so
27 drawn that both nipples and all portions of both breasts which have a different
x pigmentation than that of the main portion of the breasts are below such straight
20 line, or
Iq (b) employs any device or covering. which is Intended to simulate
81 suci: portions of breasts, or
is (c) wears any type of clothing so that any portion of such part of
33 the breast may be observed.
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SECTION ♦. PROHIBITION AGAINST DISPLAY OF PRIVATE PARTS.
Every person Is guilty of a misdemeanor who:
(a) exposes his or her private parts or buttocks, or employs any
device or coverin 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 piece, 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.
13 ,`. SECTION 6. EXCEPTIONS. This ordinance does not apply to:
14 1 (a) A theater, concert hall, or similar establishment which is
1S--..;y dev3ted to theatrical performances.
16 (b) Any act authorized or prohibited by any state statute.
17 SECTION 7. Any person who shall violate any provision of this
ordinance shai be punished by a fine not exceeding $500.00 or by imprisonment
u• In the County _ all for a term not exceeding six (6) months, or by both such fine and
2D I� Imprisonment.
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SECTION S. The City of Palm Desert having been incorporated
Vove.-fiber 26, 1973, the City Council determines this matter to be of extreme
ursezty+ and it Is required and necessary to preserve the Immediate peace, health,
safety and welfare of the City of Palm Desert. By reason of the foregoing, this
Ordinance shall take effect Immediately upon Its adoption, the same shall be
posted as prescribed by law.
PASSED, APPROVED and ADOPTED this 13tuay of December ,
197 3 , by the City Council of the City of Palm Desert, California, by the following
vote:
ORD. 16
AYES:Councilman Astons Councilwoman Bensons
Councilman Brushi Councilman McPhersont Mayor
NOES -None
ABSENT: None
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ORD. 16
HENRY City of P&I�n Desert. Csllfornla
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