Ordinance No. 278 - Prohibiting Nude Activity (2). M 40
CITY OF ROSEMEAD
ORDINANCE NO. 278
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 4168,
4168.1, 4168.2, 4168.3, 4168.4, 4168.5 and 4168.6 to read as
follows:
4168. Nudity and Partial Nudity in Public Places
Prohibited,
• 4168.1. Legislative Authorization. Section 4168
and its subsections are adopted pursuant to Sections 318.5
and 318.6 of the Penal Code. All words used in Section 4168
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.
4168.2. Theater - Definition. As used in this Section
4168 and its subsections and 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 for a theater is in full force and effect.
• This definition does not supersede the provisions of Section
4168.1.
4168.3. Prohibition. Every female is guilty of a
misdemeanor who while participating in any live act, demonstra-
tion, 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.
4168.4. Prohibition. Every person is guilty of a
misdemeanor who:
(a) Exposes his or her genitalia, pubic hair or
natal cleft or perineum or employs any device or covering x~hich
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 fo6d or drink or both to any
customer.
4168.5. Accessories. Every person is guilty of a
misdemeanor who permits, counsels, or assists any person to
violate any provision of Sections 4168.3 or 4168.4.
4168.6. Exceptions. This ordinance 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.
Section 2. The City Council finds that conduct pro-
hibited by this ordinance has occurred in the City of Rosemead
and further occurrences are imminent and will reoccur and in-
crease in occurrence, and will lead to violations of law, and
cause problems of law enforcement and create public disorder
unless this ordinance is effective at the earliest possible
date. This ordinance is therefore for the immediate preserva-
tion of the public peace, health and safety and shall take effect
immediately, and shall be operative on November 10, 1969.
PASSED, APPROVED AND ADOPTED this 28th day of
October 1969.
MAYOR
ATTEST:
CITY CLERK