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Ordinance No. 280 - Prohibiting Nude ActivityORDINANCE NO. 281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD PROHIBITING CERTAIN NUDE ACTIVITY IN PUBLIC PLACES AND AMENDING THE ROSEMEAD MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Rosemead Municipal Code is hereby amended by adding to Chapter 1 of Article IV, Sections 4169, 4169.1, 4169.2, 4169.3, 4169.4, 4169.5 and 4169.6 to read as follows: 4169. Nudity and Partial Nudity in Public Places Prohibited. • 4169.1. Le islative Authorization. Section 4169 and its subsec7t onsaare a opte pursuant to sections 318.5 and 318.6 of the Penal Code. All words used in Section 4169 and its subsections 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. 4169.2. Theater - Definition. As used in this Section 4169 a-n-d -its su sections an in Sections 318.5 and 318.6, "theater" means a building, playhouse, room, hall or other place having a permanent stage upon which movable scenery is placed and theatrical or vaudeville or similar performances are given and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, and for which a city license fora theater is in full force and effect. This definition does not supersede the provisions of Section 4169.1. 4169.3. Prohibition. Every female is- guilty of a misdemeanowhi e participating gating 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 the areola of either breast or any portion of either breast below the areola thereof, 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. 4169.4. Prohibition. Every person is guilty of a misdemeanor w (a) Exposes his or her genitalia, pubic hair or natal cleft or perineum or employs any device or covering which is intended to simulate the genitalia 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. 4169.5. Accessories. Every person is guilty of a misdemeano-r--wFo permits, counsels, or assists any person to violate any provision of Sections 4169.3 or 4169.4. 4169.6. Exceptions. This ordinance does not apply to: (a) A theater, concert hall, or similar establishment which is primarily devoted to theatrical per- formances. (b) Any act authorized or prohibited by any state statute. PASSED, APPROVED AND ADOPTED this 25th day of November, 1969. MAYOR 4 ATTEST: CITY CLERK