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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Sections 4.18.130 and 4.18.140 of Chapter 4.18 of Title 4 of the Anaheim Municipal Code be, and the same are hereby, repealed.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