HomeMy WebLinkAbout83-05 Amending Code Relating to Indecent ExposureORDINANCE NO. S-1 -S
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, AMENDING THE COSTA MESA
MUNICIPAL CODE RELATING TO INDECENT EXPOSURE.
MiE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa finds and declares
that the California Supreme Court in a recent case [Morris v. Municipal
Court, 32 Cal.3d 553, (1982)] invalidated an indecent exposure ordinance
similar to ours. The court ruled that cities can only regulate such conduct
in business establishments which serve alcoholic beverages. Therefore, it
is necessary for the City to amend its indecent exposure ordinance to comply
with this change in the law.
ACCORDINGLY, the City Council hereby amends the Costa Mesa Municipal
Code as follows:
SECTION 2. Amend Title 11, Chapter V, to read:
"CHAPTER V. INDECENT EXPOSURE
Section 11-92. Prohibitions: Definitions: Waiters, Waitresses, Enter-
tainers in Establishments Serving Alcoholic Beverages
Every person is guilty of a misdemeanor who, while acting as a waiter,
waitress, or entertainer in an establishment which serves alcoholic beverages
for consumption on the premises of such establishment:
(a) Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(b) Exposes any device, costume or covering which gives the appearance of
or simulates the genitals, pubic hair, buttocks, perineum, anal region or pubic
hair region; or
(c) Exposes any portion of the female breast at or below the areola thereof.
Section 11-93. Employment or Payment Not Necessary for Offense
For purposes of Section 11-92, a person shall be deemed to be a waiter,
waitress, or entertainer if such person acts in that capacity without regard
to whether or not such person is paid any compensation by the management of
the establishment in which the activity is performed.
Section 11-94. Exemption of Theatrical Establishments
The provisions of this chapter shall not apply to a theater, concert hall,
or similar establishment which is primarily devoted to theatrical performances.
As used in this chapter, and in Sections 318.5 and 318.6 of the Penal Code,
the phrase 'theater, concert hall, or similar establishment which is primarily
devoted to theatrical performances' shall mean a building, playhouse, roam,
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
alcoholic beverages is clearly incidental to such performances, and where the
revenue derived from the sale of alcoholic beverages is insubstantial when
compared to all other sources of gross revenue.
Section 11-95. Counseling or Assisting
Every person is guilty of a misdemeanor who causes, permits, procures,
counsels or assists any person to expose or simulate exposure as prohibited
by this chapter.
Section 11-96. Severability of Parts of This Chapter
The sections, paragraphs, sentences, clauses, and phrases of this chapter
are severable, and if any phrase, clause, sentence, paragraph or section of
this chapter shall be declared unconstitutional, invalid, illegal, or unen-
forceable for any reason, by the valid judgment or decree of a court of com-
petent jurisdiction, such unconstitutionality, invalidity, illegality, or
unenforceability shall not affect any of the remaining phrases, clauses,
sentences, paragraphs and section of this chapter.
Sections 11-97 through 11-99. Reserved."
SECTION 3. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration
of fifteen (15) days from its passage shall be published once in the ORANGE
COAST DAILY PILOT, a newspaper of general circulation, printed and published
in the City of Costa Mesa or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text
of this Ordinance shall be posted in the office of the City Clerk five (5)
days prior to the date of adoption of this Ordinance, and within fifteen
(15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post in the office of the City Clerk a
certified copy of this Ordinance together with the names of the members of
the City Council voting for and against the same.
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PASSED AND ADOPTED this 7.Wday
ATTEST:
edti-oi 6�1
City Clerk of the City of Cost Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
of Costa Mesa
APPROVED AS TO FORM
CITY ATTORNEY
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance
No. 3-5 was introduced and consider d section ction at a regular meeting
of said City Council held on the 2&day of 1983, and there-
after passed and a opted as w o e at a regular meeting o said City Council
held on the day of 1983, by &6 following roll
call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
IN WITNESS TiHEREOF, I have hereunto setUyh ndand affixed the Seal of
the City of Costa Mesa this day of 1983.
-Cit Clerk and ex -officio Clerk of
City Council of the City of Costa ra
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