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legal 282 rp 4 proofs asap
<br />ORDINANCE NO, 1507
<br />AN ORDINANCE OF THE CITY
<br />COUNCIL OF THE CITY OF
<br />COLTON ADDING CHAPTER 9.11
<br />TO TITLE 9 OF THE COLTON
<br />MUNICIPAL CODE PROHIBITING
<br />CERTAIN OBNOXIOUS NUDE
<br />CONDUCT.
<br />THE CITY COUNCIL OF THE
<br />CITY OF COLTON DOES ORDAIN
<br />AS FOLLOWS:
<br />There is hereby added to the
<br />Municipal Code of the City of Colton
<br />Chapter 9.11, which is to read as
<br />follows-
<br />Section
<br />ollows:Section 9.11.010. Legislative
<br />Authorization. This chapter is
<br />adopted pursuant to the provisions
<br />of Sections 318.5 and 318.6 of the
<br />.___ _. ___..-_.---------
<br />Penal Cafe_ of — the State. Aflwords
<br />used in this Chapter which are also
<br />used in said Sections 318.5 and 318.6
<br />are used in the same sense and mean
<br />the same as the same respective
<br />words used in said Sections 318.5 and
<br />318.6 of the Penal Cade of the State.
<br />Sktion 9.11.020. Theiler, COnterf
<br />Hall, or other similar Establishment
<br />defined. As used in this Chapter and
<br />in Sections 318.5 and 318.6 of the
<br />Penal Code of the State, the phrase
<br />"theater, concert hall, or other
<br />similar establishment which is
<br />primarily devoted to theatrical
<br />performances" shall mean a
<br />building, room, hall, or other place
<br />having permanently affixed seats so
<br />arranged that a body of spectators
<br />can have an unobstructed view of
<br />the stage upon which theatrical,
<br />vaudeville, or similar performances
<br />are given and in which the serving of
<br />food and or beverages is clearly
<br />incidental to such performances.
<br />This definition shall not, however,
<br />supersede the provisions of Section
<br />9.11.010 of this Chapter.
<br />Section_ 9.11.030. Prohibition
<br />Against the Display of Female
<br />Breasts. Every female person shall
<br />be guilty of a misdemeanor who,
<br />while participating in any live act,
<br />demonstration, or exhibition in any
<br />public place, place open to public
<br />view, or while serving food or drink,
<br />or both, to any customer:
<br />(a) Exposes any portion of her
<br />breast or breasts at or below the
<br />areola thereof; or
<br />(b) Employs any device or
<br />covering which is intended to
<br />simulate such portion of the breast
<br />or breasts; or
<br />(c) Wears any type of clothing so
<br />that any such portion of the breast or
<br />breasts may be seen or observed.
<br />Section 9.11.040. Prohibition
<br />Against the Display of Private
<br />Parts. Every person shall be guilty
<br />of a misdemeanor who exposes his
<br />or her private parts, buttocks,
<br />genitals, pubic hair, natal cleft, or
<br />perineum or emp oys any device
<br />which, through covering such parts,
<br />is intended to simulate the same
<br />while participating in any live act,
<br />demonstration, or exhibition in any
<br />public place, place open to the
<br />public, place open to public view, or
<br />while serving food or drink, or both,
<br />to any customer.
<br />Section 9.11.050. Permitting,
<br />Procuring, or Assisting Any Person
<br />in Violating Sections 9.11.030 and
<br />9.11.040 Prohibited. Any person who
<br />employs, procures, permits, or
<br />assists any person to engage in
<br />conduct prohibited by the provisions
<br />of Sections 9.11.030 or 9.11.040 of this
<br />Chapter shall be guilty of a
<br />misdemeanor.
<br />1� Section 9.11.060. Exceptions. The
<br />t,�Il provisions of this Chapter shall not
<br />1 apply to:
<br />(a) A theater, concert hall, or
<br />other similar establishment which is
<br />primarily devoted to theatrical
<br />performances; or
<br />(b) Any act authorized or
<br />prohibited by any statute of the
<br />State.
<br />Section 9.11.070. Severability. It is
<br />hereby declared that if is the in-
<br />tention of the City Council that the
<br />Sections, paragraphs, sentences,
<br />clauses, and phrases of this Chapter
<br />are severable, and if any phrase,
<br />clause, sentence, paragraph, or
<br />Section of this Chapter is declared
<br />unconstitutional by any valid
<br />judgment or decree of a court of
<br />competent jurisdiction, such un-
<br />constitutionality shall not affect any
<br />of the remaining phrases, clauses,
<br />sentences, paragraphs, and Sections
<br />of this Chapter or this Code.
<br />Section 9.11.080. Violations of
<br />Provisions: Penalties. Any act made
<br />a misdemeanor by the provisions of
<br />this Chapter shall, upon conviction,
<br />be punishable by a fine of not to
<br />exceed Five Hundred and no 100ths
<br />(5500.00) Dollars, or by im-
<br />prisonment for a term not exceeding
<br />six (6) months, or by both such fine
<br />and imprisonment.
<br />Section 9.11.090. Violations of
<br />Provisions: Nuisances. In addition
<br />to any other penalty provided by
<br />law, the violation of the provisions of
<br />this Chapter shall also constitute a
<br />nuisance and may be abated by an
<br />action by the City seeking an in.
<br />junction to prohibit the further and
<br />continued violation thereof.
<br />Section 9.11.100. Effective Date.
<br />This ordinance shall be published
<br />and become effective as provided by
<br />law.
<br />PASSED, ADOPTED and AP-
<br />PROVED this 7th day of December,
<br />1976.
<br />(s) Abe E ae(tran_ _ - _._..
<br />Mayor
<br />ATTEST:
<br />(s) Helen A. Ramos
<br />City Clerk
<br />(SEAL)
<br />I HEREBY CERTIFY that the
<br />foregoing ordinance was passed by
<br />the City Council of the City of Colton
<br />at a regular meeting thereof held on
<br />the 7th day of December, 1976, by the
<br />following vote, to wit:
<br />AYES: Hayes, Cisneros, Rehrer,
<br />Gonzales, and Mayor Beltran.
<br />NOES: None.
<br />ABSENT: None.
<br />(s) Helen A. Ramos
<br />City Clerk
<br />Publish: Dec. 16, 1976 282
<br />
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