HomeMy WebLinkAboutORD NO 1832 ORDINANCE NO., 1832 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 10.56 TO THE
MUNICIPAL CODE PROHIBITING INDECENT EXPOSURE.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Chapter 10.56 be added to the Municipal Code of
the City of Bakerfield to read as follows:
Chapter 10.56
BOTTOMLESS ENTERTAINMENT
Sections:
10.56.010 Legislative Authorization
10.56.020 Theater - Definition
10.56.030 Prohibition
10.56.040 Exceptions
10.56.050 Constitutionality
10.56.060 Penalty
10.56.010 Legislative Authorization. This chapter is adopted
'pursuant to Sections 318.5 and 318.6 of the Penal Code. All words
used in this cha'pte% 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 res'pective words used in the said Sections 318.5 and 318.6 of
the Penal Code.
10.56.020 Theater - Definition. As used in this chapter and
in Sections 318.5 and 318.6 of the Penal Code, "theater" means a
building, playhouse, room, hall or other place having a 'permanent
stage upon which movable scenery and theatrical or vaudeville or
similar 'performances are given, 'permanently affixed seats so
arranged that a body of spectators can have an unobstructed view
of the stage, whose primary function is to give such 'performances,
and for which a city license for a theater is in full force and
effect. This definition does not supersede the provisions of
Section 10.56.010 of this chapter.
10.56.030 Prohibition. 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 '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
(bi Permits, procures or assists any 'person to so
expose himself or herself, or to employ any such device.
10.56.040 Exceptions. This chapter 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.
10.56.050 Constitutionality. If any provision or clause of
this chapter or application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other provisions
or applications of this chapter which can be given effect without
the invalid 'provision or application, and to this end the
provisions of this chapter are declared to be severable.
10.56.060 Penalty. A violation of this cha'pter 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
imprisonment.
SECTION 2.
This ordinance shall become effective thirty days from
and after the date of its adoption.
o0o
2.
I HEREBY CERTIFY that the foregoing Ordinance was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on the loth day of November, 1969,
by the following vote:
AYES: COUNCILMEN BLEECKER, HEISEY, REES, RUCKER, STIERN, VEI'rER,
NOES.. COUNCILMEN:
ABSENT COUNCILMEN..
ABSTAINING COUNCILMEN~ ~,~.~,/~..,~.__,
CITY CLERK and Ex-Dfficfo Clerk of the
Council of the City of Bakersfield
APPROVED this f'lOth day of November, 1969
APPROVED:
CITY ATTORNEY~
AfFa v t of ost ng r nan.s
County of Kern J ss.
MARIAN S. IRVIN, being duly sworn, deposes and saYS:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and
that on .................. ~I.0_¥.~1]~'....],.2.. ....................................... 19..6..9.... she posted on the Bulletin Board
at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City
at a meeting thereof duly held on ............... _N...o...v..e...m...b..e...r.....1...0. ..................... , 19...6..9..., which ordinance
was' numbered .......... .~..8...3..2.. .................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD ADDING CHAPTER 10.56 TO
THE MUNICIPAL CODE PROHIBITING INDECENT
EXPOSURE.
Subscribed and sworn to before me this
..L2..t...h...day of ........ ..N..o...v..e...m...b..e...r. ................... ,19~..6...9...
Notary Public in and for the County oI Kern, State of California
NOTARY PUBLIC-CALIFORNIA
PRIFJCIPAL OFFICE IN
KERN COUNTY
~/~y...,C~!sliO~l E~pims August 20, 1972