5568A
ORDINANCE NO. 5568
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SECTION 7.16.060 OF CHAPTER 7.16 OF TITLE 7 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO PUBLIC NUDITY
WHEREAS, the City of Anaheim has a substantial
governmental interest in protecting societal 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 detrimental to
societal order, decency, and morality; and
WHEREAS, it is the purpose and intent of this Ordinance
to further the substantial governmental interest to protect
societal order, decency and morality; and
WHEREAS, the City Council of the City of Anaheim has
considered the decisions of the United States Supreme Court and
California Supreme Court regarding regulation of conduct and
public nudity, including, but not limited to: Barnes v. Glen
Theatre, Inc., 111 S.Ct. 2456 (1991); Arcara v. Cloud Books,
Inc., 478 US 697 (1986); United States v. O'Brien. 391 US 367
(1968); and People v. Monroe, 150 Cal 3d Supp 18 (1983); and
WHEREAS, in Barnes V. Glen Theatre, Inc., cited in the
previous recital, the United States Supreme Court found it to be
constitutionally permissible to prohibit public nudity, including
public nudity within Sex -Oriented Businesses, in part due to the
secondary effects associated with public nudity in Sex -Oriented
Businesses, which secondary effects include, but are not limited
to, increases in prostitution and in sexual assaults, and the
attraction of other criminal activity; and
WHEREAS, prior to the adoption of this Ordinance, the
City Council reviewed detailed studies prepared by other
jurisdictions regarding the detrimental social and economic
effects on persons and properties immediately surrounding
established Sex -Oriented Businesses. These studies included
those prepared by the cities of Austin, Texas; Taylor, Michigan;
Detroit, Michigan; Indianapolis, Indiana; Garden Grove,
California; Los Angeles, California; Phoenix, Arizona; and the
Report of the Minnesota Attorney General's Working Group on the
Regulation of Sexually Oriented Businesses (the "Studies"); and
WHEREAS, the City Council of the City of Anaheim
believes as true the aforesaid Studies which show Sex -Oriented
Businesses cause secondary impacts which degrade the areas of the
City in which they are located, cause a blighting effect on the
City, and increase crime in general, and sex related crimes in
particular, in the vicinity of the Sex -Oriented Business; and
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WHEREAS, the City Council further reviewed certain
documents and judicial decisions in the public record established
and submitted with this Ordinance relating to the secondary
impacts of Sex -Oriented Businesses (the "Documents and Judicial
Decisions"); and
WHEREAS, the City Council of the City of Anaheim finds as
follows, based, in part, upon its understanding of the Documents
and Judicial Decisions:
A. Evidence indicates that some dancers, models,
entertainers, and other persons who publicly perform
Specified Sexual Activities or publicly display
Specified Anatomical Parts in Sex -Oriented Businesses
(as those terms are defined in Chapter 18.89 of the
Anaheim Municipal Code) (collectively referred to as
"Performers") have been found to engage in sexual
activities with patrons of Sex -Oriented Businesses on
the site of the Sex -Oriented Business;
B. Evidence has demonstrated that Performers employed by
Sex -Oriented Businesses have been found to offer and
provide private shows to patrons who, for a price, are
permitted to observe and participate with the
Performers in live sex shows;
C. Evidence indicates that Performers at Sex -Oriented
Businesses have been found to engage in acts of
prostitution with patrons of the establishment; and
WHEREAS, concern over sexually transmitted diseases,
including AIDS, is a legitimate health concern of the City which
demands reasonable regulations of Sex -Oriented Businesses in
order to protect the health and well being of its citizens; and
WHEREAS, the City Council believes that prohibiting
public nudity will, to some extent, reduce those secondary
effects shown to be created, in part, by Sex -Oriented Businesses
which provide or permit public nudity; and
WHEREAS, the City Council of the City of Anaheim desires to
protect the rights conferred by the United States Constitution;
and
WHEREAS, it is not the intent of this Ordinance to suppress
any speech activities protected by the First Amendment, but to
enact a general regulation protecting societal order, decency and
morality which addresses the conduct of public nudity and is not
aimed at expression.
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NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
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:
117.16.060 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, cleft of the
buttocks, 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,
cleft of the buttocks, 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; or
(d) Any theater, concert hall, auditorium or similar
establishment devoted to theatrical performances."
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SECTION 2. SEVERABILITY.
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance 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 3. 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
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 4. 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 ($1000.00) 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 9th day of Jules ,
1996. 01
MAYOR OF THE CITY OF &VAHEIM
ATTEST:--�
CITY CLERK OF THE CITY OF ANAHEIM
13632.2\JWHITE\June 14, 1996 4
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. 5568 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 25th day of June, 1996, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 9th day of July, 1996, by the
following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez, Daly
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No.
5568 on the 9th day of July, 1996.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 9th day of July, 1996.
-�;� -;�l =�;7� ,
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. 5568 and was published once in the North County News on
the 18th day of July, 1996.
CITY CLERK OF THE CITY OF ANAHEIM