HomeMy WebLinkAboutORD NO 1831 ORDINANCE NO. 1831 NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 10.54 TO THE
MUNICIPAL CODE PROHIBITING TOPLESS WAITRESSES
AND PERFORMERS.
BE IT ORDAINED by the Council of the City of Bakersfield
as follows:
SECTION 1.
That Chapter 10.54 be added to the Municipal Code of
the City~'of Bakersfield to read as follows:
Chapter 10.54
TOPLESS ENTERTAINMENT
Sections:
10.54.010 Legislative Authorization
10.54.020 Theater.'- Definition
10.54.030 Prohibition
10.54.040 Accessories
10.54.050 Exceptions
10.54.060 Constitutionality
10.54.070 Penalty
10.54.010 Legislative Authorization. This chapter is adopted
'pursuant to Sections 318.5 and 318.6 of the Penal Code. All words
used in this cha'pter, 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.
10.54..020 Theate~ - 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 su'persede the 'provisions of
Section 10.54.010 of this chapter.
10.54.030 Prohibition. 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 ni'pples and all 'portions of both breasts
which have a different pigmentation than that of the main portion
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 portion of
such 'part of the breast may be observed.
10.54.040 Accessories. Every 'person is guilty of a misdemeanor
who 'permits, counsels, or assists any person to violate any
'provision of this chapter.
10.54.050 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.
10.54.060 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.
2.
10.54.070 Penalty. A violation of this chapter 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
I T~REBY 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 10th day of November, 1969,
by the following vote:
AYES: COUNCILMEN BLEECKER, HEISEY, REES, RUCKER, STIERN, VET'rER,~
NOES~ COUNCILMEN:. ~,?~.,,,~,,.~...~.,. -, . . ·
AB,STAINING COUNCILMEN~ . ~ ~
CITY CLERK and Ex-O~ficio-Clerk of the
Council of the City of Bakersfield
A~R~g~kthis .~ .lO. th d/of November, 1969
-. ':_y.f ~. '. ~
APPROVED:
ATTO~
Aff av ! of r nan es
STATE OF CALIFORNIA, ~
County of Kern ~ ss.
MARIA~N 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 ........ .1...2...t..h......d..a.~...~._N...o..v...e...m..b...e...r. .......................... 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...]..0..~ik.~X....o...~.....N..o...v...e..m...b...e..r.. .......... , 19...6..9..., which ordinance
was' numbered .........:.l..8...3..1.. .................... New Series, and entitled:
AN ORDINANCE OF THE COUNCIL OF THE CITY
OF BAKERSFIELD ADDING CHAPTER 10,54 TO
THE MUNICIPAL CODE PROHIBITING TOPLESS
WAITRESSES AND PERFORMERS.
Subscribed and sworn to before me this
-..1-.2...t...h...day of Nove..m..b...e...r..~ .............. ,19. 69
Notary, Public in and for the Count~, o! Kern, State of California
~or~y FUaLJC-CALIFORNI.~ IF