HomeMy WebLinkAboutOrd 0991ADDING CHAPTER 10.60 (PROHIBITION OF
NUDITY IN PUBLIC PLACES)
TO TITLE 10 (PUBLIC PEACE,
MORALS AND SAFETY) OF THE MUNICIPAL CODE
The City Council of the City of Burlingame does ordain
as follows:
Section l: Addition of Chapter 10.60 - Prohibition of
Nudity in
Public
Places.
Chapter 10.60
is hereby added to
the
Municipal
Code of
the City
of Burlingame
which shall read
and
provide as follows:
Sections:
11CHAPTER 10.60
PROHIBITION OF NUDITY IN PUBLIC PLACES
10.60.010 Legislative authorization
10.60.020 Theater - Definition
10.60.030 Prohibition - All persons
10.60.040 Prohibition - Female
10.60.050 Accessories
10.60.060 Exceptions
§10.60.010 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
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.
X10.60.020 Theater - Definition. As used in this
ordinance and in Sections 318.5 and 318.6, 'theater' means a
building, play house, room, hall or other place having a perman-
ent stage with movable scenery upon which theatrical or vaude-
ville or similar performances are given, and permanently affixed
seats so arranged that a body of spectators can have an unob-
structed view of the stage and for which a city license for a
theater is in full force and effect. This definition does not
supersede the provisions of Section 10.60.010 of this ordinance.
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§10.60.030 Prohibition - All Persons. Every person is
guilty of a misdemeanor who:
'(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 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 serv-
ing 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.'
§10.60.040
Prohibition -
Female. 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
at or below the areola
thereof,
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.'
§10.60.050 Accessories. Every person is guilty of a
misdemeanor who permits, counsels, or assists any person to
late any provision of this ordinance.
to:
§10.60.060 Exceptions. This ordinance does not apply
'(a) A theater, concert hall, or similar
establishment which is primarily devoted to
theatrical performance.
(b) Any act authorized or prohibited by
any state statute."'
Section 2: Severability. If any section, subsection,
subdivision, paragraph, sentence, clause or phrase of this.
Chapter or any part thereof, is for any reason held to be uncon-
stitutional or invalid, or ineffective by any court o£ competent
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jurisdiction, such decision shall not affect the validity or ef-
fectiveness of the remaining portions of this Chapter or any part
thereof. The City Council hereby declares that it would have
passed each section, subsection, subdivision, paragraph, sentence,
clause or phrase thereof irrespective of the fact that any one or
more sections, subsections, subdivisions, paragraphs, sentences,
clauses or phrases be declared unconstitutional or invalid or
ineffective.
Section 3: Publication. This Ordinance shall be
published .once as required by law.
I, HERBERT K. WHITE, City Clerk of the City of
Burlingame, do hereby certify that the foregoing Ordinance was
introduced at a regular meeting of the City Council held on the
ABdh day of
1973, and adopted thereafter
at a regular meeting of the City Council held on the 2nd
of 1973, by the following vote:
AYES: COUNCILMEN: Atrup9 Cr�si�r, Ccasic�e, r�=ygiras
NOES: COUNCILMEN: Ma�ta.rs
ABSENT: COUNCILMEN: N�ron2
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CITY CLERK
day