Chapter 9.12 OFFENSES AGAINST PUBLIC DECENCY

No person shall carry on or assist in carrying on any amusement or entertainment to which the public is invited, or in which the public may participate, at any time between the hours of 2:00 a.m. and 6:00 a.m. (Ord. 10 § 24, 1962)

Article II. Liquor

9.12.020 Public consumption of liquor.

(A) Drinking in Public. No person shall drink any alcoholic beverage upon any public street, alleyway, sidewalk or parkway, or in any public building, public lavatory, auto park, or lobby or entranceway to any building within the City.

(B) Possession of Open Container.

(1) No person who has in his or her possession any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain in any public area, including, but not limited to, any roadway, sidewalk, parking lot, or on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any area immediately adjacent to the licensed and posted premises, or on the premises of, or immediately adjacent to, any business not licensed to sell or consume alcoholic beverages.

(2) As used in this Section, “posted premises” means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of this Section are applicable. This Section does not apply to possession of an alcoholic beverage on site of a properly licensed facility in compliance with State law.

(C) Nothing in this Section prohibits drinking in public or having possession of an open container where the location of such acts is subject to a valid City approval for such acts, such as special event permit, where such actions have been expressly allowed by the City. (Ord. 1634 § 21, 2024; Ord. 10 § 32, 1962)

9.12.030 Drinking in vehicle.

No person shall enter or remain in a vehicle while any other occupant is consuming any alcoholic beverage while the vehicle is on a public street, alleyway or public highway. (Ord. 10 § 37, 1962)

9.12.040 Drinking on public highway.

Every person who goes upon or remains upon any part of a public highway while he is consuming any alcoholic beverage is guilty of a misdemeanor. (Ord. 10 § 39, 1962)

9.12.050 Presence in vehicle where drinking is taking place.

Every person who enters or remains in any vehicle while the vehicle is on any part of any public highway when the person or any other occupant of the vehicle is consuming any alcoholic beverage is guilty of a misdemeanor. (Ord. 10 § 40, 1962)

Article III. Obscene Materials

9.12.060 Prohibited conduct.

No person shall write, compose, stereotype, print, publish, sell, distribute, keep for sale, or exhibit any obscene writing, paper or book; or design, copy, draw, engrave, paint, or otherwise prepare any obscene picture or print; or mold, cut, cast, or otherwise make any obscene figure. (Ord. 470 § 29, 1982; Ord. 10 § 11, 1962)

Article IV. Capping and Impersonation

9.12.070 Lookout for illegal activity.

No person shall act as a lookout for a gambling game, house of prostitution or other illegal act. (Ord. 10 § 19, 1962)

9.12.080 Penalties.

Violations of any provision of this Article shall be punishable as set forth in PMC Chapter 1.12 (Penalty Provisions). Each day that a violation of this Article occurs shall constitute a new and separate offense as provided in PMC § 1.12.030 (Continuing violations). (Ord. 1634 § 23, 2024)

Article V. Lewdness and Disorderly Houses

9.12.090 Keeping disorderly house.

No person shall keep a riotous or disorderly house, or permit any riotous or disorderly conduct in his house, yard, or premises connected with his house, or be guilty of any riotous or disorderly conduct in any house, yard or premises, whereby the peace, quiet or decency of the neighborhood of the house or of any person may be disturbed. (Ord. 10 § 31, 1962)

Article VI. Indecent Exposure

9.12.100 Authority.

This article is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this article which also are used in Sections 318.5 and 318.6 are used in the same sense and mean the same as the respective words used in Sections 318.5 and 318.6 of the Penal Code. (Ord. 185 § 1, 1971)

9.12.110 Prohibited acts.

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 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. (Ord. 185 § 3, 1971)

9.12.120 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. (Ord. 185 § 4, 1971)

9.12.130 Penalty for violation.

A violation of this article is punishable by a fine not exceeding $500.00 or by imprisonment in the County Jail for not exceeding six months or by both such fine and imprisonment. (Ord. 185 § 6, 1971)

Article VII. Topless Waitresses and Performers

9.12.140 Authority.

9.12.150 Prohibited acts.

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

9.12.160 Permitting or assisting.

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this article. (Ord. 186 § 4, 1971)

9.12.170 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. (Ord. 186 § 5, 1971)

9.12.180 Penalty for violation.

Article VIII. Public Nuisance

9.12.190 Causing public nuisance while under the influence.

(A) Prohibition. It shall be unlawful for any person to cause a public nuisance while under the influence. A “public nuisance” shall be any public nuisance defined in the PMC, including but not limited to the public nuisances specified in PMC § 1.12.040 (Public nuisances), Title 8 (Health and Safety), and Title 9 (Public Peace, Morals and Welfare).

(B) As used in this Article, “under the influence” shall mean impairment, to any degree, of an individual’s ability to perform the activity in question as a result of the use of alcohol, drugs, or a combination of both.

(C) Penalty. Violations of any provision of this Article shall be punishable as set forth in PMC Chapter 1.12 (Penalty Provisions). Each day that a violation of this Article occurs shall constitute a new and separate offense as provided in PMC § 1.12.030 (Continuing violations).

(D) Public Nuisance. Any violation of this Article shall constitute a public nuisance subject to all enforcement methods, abatement procedures, other remedies, and cost recovery as prescribed in PMC Chapter 8.36 (Regulation of Property Maintenance). The City may enforce any violation of this Article by any and all means available by law, including, but not limited to, civil enforcement through such means as a restraining order and nuisance abatement action for relief such as preliminary or permanent injunction, criminal enforcement, and administrative enforcement. These remedies are intended to be cumulative and may be used in conjunction with or in lieu of each other remedy. (Ord. 1634 § 22, 2024)