Chapter 25
PROHIBITION OF CERTAIN OBNOXIOUS NUDE CONDUCT
Sections:
5-25.01 Authority for amendment.
5-25.02 Theater, concert hall, or other similar establishment defined.
5-25.03 Prohibition against the display of female breasts.
5-25.04 Prohibition against the display of private parts.
5-25.05 Permitting, procuring, or assisting persons in violating Sections 5-25.03 and 5-25.04 prohibited.
5-25.08 Penalty in accordance with the provisions of Section 1-2.01 of this Code.
5-25.09 Violations of provisions of this chapter nuisances.
5-25.01 Authority for amendment.
This chapter is adopted pursuant to the provisions of Sections 318.5 and 318.6 of the Penal Code of the State. All words used in this chapter which are also 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 said Sections 318.5 and 318.6 of the Penal Code of the State.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)
5-25.02 Theater, concert hall, or other similar establishment defined.
As used in this chapter, the phrase “theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances” shall mean a building, 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, vaudeville, or similar performances are given.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)
5-25.03 Prohibition against the display of female breasts.
Every female person shall be 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 her breast or breasts at or below the areola thereof; or
(b) Employs any device or covering which is intended to simulate such portion of the breast or breasts; or
(c) Wears any type of clothing so that any such portion of the breast or breasts may be seen or observed.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)
5-25.04 Prohibition against the display of private parts.
Every person shall be guilty of a misdemeanor who exposes his or her private parts, buttocks, genitals, pubic hair, natal cleft, or perineum or employs any device which, though covering such parts, is intended to simulate the same while participating in any live act, demonstration, or exhibition in any public place, any place open to the public, or place open to public view, or while serving food or drink, or both, to any customer of a business or business institution.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)
5-25.05 Permitting, procuring, or assisting persons in violating Sections 5-25.03 and 5-25.04 prohibited.
Any person who employs, procures, permits, or assists any person to engage in conduct prohibited by the provisions of Sections 5-25.03 and 5-25.04 of this chapter shall be guilty of a misdemeanor.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)
5-25.06 Exceptions.
The provisions of this chapter shall not apply to:
(a) A theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances; or
(b) Any act authorized or prohibited by any statute of the State.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)
5-25.07 Severability.
It is hereby declared that it is the intention of the Council that the sections, paragraphs, sentences, and clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph, or section of this chapter is declared unconstitutional by any valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this chapter or this Code.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)
5-25.08 Penalty in accordance with the provisions of Section 1-2.01 of this Code.
Any act made a misdemeanor by the provisions of this chapter shall, upon conviction, be punishable by a fine not to exceed Five Hundred and no/100ths ($500.00) Dollars, or by imprisonment for a term of not exceeding six (6) months, or by both such fine and imprisonment.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)
5-25.09 Violations of provisions of this chapter nuisances.
In addition to any other penalty provided by law, the violation of the provisions of this chapter shall also constitute a public nuisance and may be abated by an action by the City seeking an injunction to prohibit the further and continued violation thereof.
(§ 1, Ord. 252 C-M, eff. May 13, 1971)