HomeMy WebLinkAboutOrdinance No. 980 ORDINANCE NO. 980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING
THE AZUSA MUNICIPAL CODE BY ADDING THERETO A NEW PART 8.5 OF
CHAPTER 2, ARTICLE IV RELATING TO PHYSICAL EXPOSURE OF WAITERS,
WAITRESSES AND ENTERTAINERS AND DECLARING THE URGENCY THEREOF.
The City Council of the City of Azusa does ordain as
follows:
SECTION 1. The Azusa Municipal Code is hereby amended
by the addition of a new Part 8.5 to Chapter 2 of Article IV
consisting of Sections 4287 through 4287.6 inclusive and to read
in full as follows:
"PART 8.5 PHYSICAL EXPOSURE OF WAITERS,
WAITRESSES AND ENTERTAINERS
SECTION 4287. LEGISLATIVE AUTHORIZATION.
This Part is adopted pursuant to Section 318.5 and
318.6 of the Penal Code. All words used in this Part
which also are used in the said Section 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 4287.1 DEFINITIONS.
As used in this Part and in Section 318.5 and
318.6 of the Penal Code the term "theater, concert hall
or similar establishment which is primarily devoted to
theatrical performances" means a building, playhouse,
room, hall or other place having a permanent stage upon
which moveable scenery and theatrical or vaudeville or
similar performances are given,with permanently affixed
seats so arranged that spectators can have an un-
obstructed view of the stage, whose primary function
is to give such performances and for which any other
City license required is in full force and effect. Said
term does not include any establishment in which food
or beverages are served or consumed, save and except for
any such food or beverages which may be dispensed by
automatic coin-operated devices located within the es-
tablishment.
SECTION 4287.2 PROHIBITION OF CERTAIN CONDUCT.
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 par-
ticipating 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,
(b) Permits, procures or assists any person
to so expose himself or herself, or to employ any
such device.
SECTION 4287.3 PROHIBITION OF CERTAIN CONDUCT.
Every female is guilty of a misdemeanor who while
participating in any live act, demonstration, or ex-
hibition 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 por-
tion 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
(c) Wears any type of clothing so that any por-
tion of such part of the breast may be observed,
or
(d) Who permits, procures, counsels, or assists
any person to so expose herself or to employ any
such device.
SECTION 42$7.4. EXCEPTIONS.
The provisions of this Part do 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 42'8 .5. CONSTITUTIONALITY.
If any provision or clause of this Part or application
thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications
of this Part which can be given effect without the invalid
provision or application, and to this end the provisions of
this Part are declared to be severable.
SECTION 42x87.6. PENALTY.
Any violation of this Part 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 imprison-
ment."
SECTION 2. This Ordinance is urgently needed for the
immediate preservation of the public peace, health and safety and
a declaration of the facts constituting its urgency is as follows:
Several establishments located within the City have
engaged regularly in the presentation of nude entertainment
along with the serving of food and beverages. Such es-
tablishments and activities have attracted undesirable
persons into the City who are likely to create a disturbance
or commit crimes within the City. Said establishments pre-
sent live demonstrations of a type which are offensive and
degrading and pose a hazard to the morals and safety of the
City and its residents. In addition, the criminal activities
which tend to be generated by the patrons who frequent these
establishments are such as to require an inordinate amount
of police manpower and attention, and thus reduce the pro-
tection available to the other citizens of the City, present-
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ing a hazard to their peace, health and safety. The
usual length of time necessary for a Municipal Ordinance
to become effective is thus too long a period during which
an immediate threat, as described above, exists.
SECTION 3. The City Clerk shall certify to the adoption
of this Ordinance and the same shall become effective upon its
adoption.
Passed and approved this 12th day of November
1969.
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M or
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
CITY OF AZUSA
I,DEAN F. KLARR, City Clerk of the City of Azusa, do
hereby certify that the above Ordinance No. 980 was regularly in-
troduced and adopted at an adjourned regular meeting of the City
Council on the 12th day of November , 1969, as an
urgency ordinance,by the following vote, to wit :
AYES: Councilmen: Rubio, Decker, Cooney, Calvert, Salem
NOES: Councilmen: None
ABSENT: Councilmen: None
City Clerk
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