53946
ORDINANCE NO. 5394
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 7.16.060 OF CHAPTER 7.16 OF TITLE 7,
AND REPEALING SECTIONS 4.18.130 AND 4.18.140
OF CHAPTER 4.18 OF TITLE 4, OF THE ANAHEIM
MUNICIPAL CODE RELATING TO PUBLIC NUDITY.
WHEREAS, the City of Anaheim has a valid governmental
purpose of protecting public order, decency and morality; and
WHEREAS, the City Council of the City of Anaheim finds
that the appearance of people in the nude in a public place or in
a place open to, or visible by, the public is inimical to public
order, decency and morality; and
WHEREAS, the United States Supreme Court has upheld
regulation of nudity to protect the public order, decency and
morality in Barnes v. Glen Theatre, Inc., 111 S.Ct. 2456, 115
L.Ed 2d 504 (June 21, 1991).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That Sections 4.18.130 and 4.18.140 of Chapter 4.18 of
Title 4 of the Anaheim Municipal Code be, and the same are
hereby, repealed.
SECTION 2.
That Section 7.16.060 of Chapter 7.16 of Title 7 of the
Anaheim Municipal Code be, and the same is hereby, amended to
read as follows:
"7.16.060 PUBLIC NUDITY -- PROHIBITED
.010 It shall be unlawful, and a misdemeanor, for any
person, while in any public park, playground, public right-
of-way, or in any other public place or public
accommodation, or in any place open to the public or
obviously open to public view (with or without payment of an
admission fee), to knowingly and intentionally:
(a) Expose his or her genitals, pubic hair, natal
cleft, perineum, anal region, or pubic hair
region; or
(b) Expose any device, costume, or covering which
gives the appearance of or simulates the
genitals, pubic hair, natal cleft, perineum,
anal region or pubic hair region; or
(c) Expose the nipples and/or areolae of the
female breast, except as necessary while
breastfeeding an infant under two (2) years
of age; or
(d) Expose any device (commonly known as a
"pasty" or "pasties") worn as a cover over
the nipples and/or areolae of the female
breast, which device simulates and gives the
realistic appearance of nipples and/or
areolae.
.020 The prohibitions set forth in subsection .010
above shall not apply to:
(a) Any child under ten (10) years of age; or
(b) Any person while participating in any
activity authorized pursuant to Chapter 4.31
of the Anaheim Municipal Code; or
(c) Any acts prohibited, or the prohibition of
which is preempted, by any provision of state
law.
(d) Any theater, concert hall, auditorium or
similar establishment devoted to theatrical
performances. The phrase "theater, concert
hall, auditorium or similar establishment
devoted to theatrical performances" shall
mean a building, playhouse, room, hall or
other place having fixed seats so arranged
that a body of spectators can have an
unobstructed view of the stage upon which
theatrical performances or similar forms of
artistic expression are presented, and where
such performances are not incidental to the
promoting of the sale of food, drink or other
merchandise and for which a city license or
permit for a theater is in full force and
effect."
SECTION 3.
SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance of the Code, hereby adopted, be declared for any reason
to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 4.
SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
of any other ordinance of this City shall in any manner affect
the prosecution for violations of ordinances, which violations
2
were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply with
any of the requirements of this ordinance. Any person, firm or
corporation violating any provision of this ordinance or failing
to comply with any of its requirements shall be deemed guilty of
a misdemeanor and upon conviction thereof shall be punished by a
fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such fine
and imprisonment. Each such person, firm or corporation shall be
deemed guilty of a separate offense for each day during any
portion of which any violation of any of the provisions of this
ordinance is committed, continued or permitted by such person,
firm or corporation, and shall be punishable therefor as provided
for in this ordinance.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 21st day of September ,
1993.
MA O OF THE CITY nAFANAHEIR
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
3203.3\SMANN\September 10, 1993
IL
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5394
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 14th day of September,
1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st
day of September, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5394 on the 22nd day
of September, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd
day of September, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5394 and was published once in the Anaheim Bulletin on the 30th day of September, 1993.
CITY CLERK OF THE CITY OF ANAHEIM