HomeMy WebLinkAboutOrd 11-87 Body ExposureORDINANCE NO. 11 -87
AN ORDINANCE OF THE CITY OF DUBLIN RELATING TO
THE EXPOSURE OF PORTIONS OF THE HUMAN BODY
The City Council of the City of Dublin does ordain as follows:
Section 1: 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 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~ said Sections 318.5 and
318.6 of the Penal Code.
Section 2: THEATER - DEFINITIONS. As used in this ordinance,
and in Sections 318.5 and 318.6 of the Penal Code, the phrase
"theater, concert hall, or other similar establishment which is
primarily devoted to theatrical performances" shall mean a
building, playhouse, 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 or
vaudeville or similar performances are given, and in whic~ the
serving of food and/or beverages is clearly incidental to such
performances. This definition does not supersede the provisions
of Section 1 of this ordinance.
Section 3: PROHIBITION AGAINST THE DISPLAY OF FEMALE BREASTS.
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 breast are below such straight
· line, 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.
Section 4: 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 covering 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 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.
section 5: ACCESSORIES. Every person is guilty of a misdemeanor
who permits, counsels, or assists any person to violate any
provision of this ordinance.
Section 6: EXCEPTIONS. This ordinance 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°
Section 7: SUPERSESSION. This Ordinance shall supersede the
provisions of Article 7 of Chapter 1 of Title 4 of the Alameda
County Code, as adopted by Dublin Ordinance No. 13.
Section 8: EFFECTIVE DATE AND POSTING OF ORDINANCE. This
Ordinance shall take effect and be in force thirty (30) days from
and after the date of its passage. The City Clerk of the City of
Dublin shall cause this Ordinance to be posted in at least three
(3) public places in the City of Dublin in accordance with Section
36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this 9th day of February , 1987, by the following vote:
AYES:
Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
ABSENT: None
ATTEST:
City Clerk