5657ORDINANCE NO. 5657
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING
SUBSECTION .020 OF 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 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 visible to the public is inimical to public order,
decency and morality; and
WHEREAS, the United States Supreme Court has upheld
local regulation of nudity in Barnes v. Glen Theatre, Inc., 111
S.Ct. 2456, 115 L.Ed 2d 504 (June 21, 1991); and
WHEREAS, Penal Code Sections 318.5 and 318.6 previously
provided that nothing in the Penal Code precluded adoption of
ordinances by a city or county regulating exposure of genitals,
buttocks or breasts, but provided an exemption for theaters,
concert halls or similar establishments; and
WHEREAS, Section 7.16.060 of the Anaheim Municipal Code
prohibits public nudity, but exempts theaters, concert halls or
similar establishments devoted to theatrical performances; and
WHEREAS, the California Legislature has recently
adopted Assembly Bill 726 introduced by Assembly Member Baugh
("AB 72011) amending Sections 318.5 and 318.6 of the California
Penal Code, deleting the exemption for theaters, concert halls or
similar establishments; and
WHEREAS, AB 726 provides that the changes do not apply
to a sex -oriented business operating as a theater, concert hall
or similar establishment primarily devoted to theatrical
performances on or before July 1, 1998 pursuant to court
adjudication or by action of a local body; and
WHEREAS, the City Council wishes to amend Section
7.16.060 to delete the theater exemption; and
WHEREAS, Government Code Section 65850(8) authorizes
cities and counties to regulate the time place and manner of
operation of sex -oriented businesses, including theaters,
pursuant to a content neutral zoning ordinance; and
WHEREAS, pursuant to its power and authority as a
Charter City and further as authorized by Government Code Section
65850, the City has previously adopted Chapter 18.89 of the
Anaheim Municipal Code, as amended from time to time, a zoning
ordinance regulating the time, place and manner of operation of
sex -oriented businesses; and
WHEREAS, Assembly Member Baugh was granted unanimous
consent to print a statement of legislative intent in the
Assembly Journal that AB 726 is not intended to abrogate the
authority of a city or county to regulate sex -oriented businesses
pursuant to Government Code Section 65850(8); and
WHEREAS, the City Council affirms that the deletion of
the exemption for theaters, concert halls and similar
establishments is not intended to impact the City's existing
authority to regulate such businesses pursuant to Chapter 18.89;
and
WHEREAS, the recent convictions of entertainers,
patrons, and managers in sex -oriented businesses for violations
of Chapter 18.89 or state law or both, coupled with the
observations of the Police Department and Code Enforcement
Division, confirm that sex -oriented businesses characterized by
displays of public nudity cause negative secondary impacts
including but not limited to increased prostitution and other
illegal activity; and
WHEREAS, the City Council of the City of Anaheim
incorporates herein those recitals contained in Ordinance Nos.
5399, 5568, 5649 and 5656 relating to sex -oriented businesses by
this reference as if set forth in full.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.
That subsection .020 of 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:
".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
I
(c) Any acts prohibited, or the prohibition of
which is preempted, by any provision of state
law."
SECTION 2.
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 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 ($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.
SECTION 5. EFFECTIVE DATE OF ORDINANCE.
This Ordinance shall take effect on January 1, 1999.
3
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 17th day of November
1998.
ATTEST
CITY CLERK OF THE CITY OF ANAHEIM
0028305.01
0
MAYOR OF THE TY OF EIM
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. 5657 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 3rd day of November, 1998, and that the same was duly passed and
adopted at a regular meeting of said City Council held on the 17th day of November, 1998, by
the following vote of the members thereof:
AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait, 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.
5657 on the 17th day of November, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of Anaheim this 17th day of November, 1998.
C_
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. 5657 and was published once in the North County News on
the 26th day of November, 1998.
CITY CLERK OF THE CITY OF ANAHEIM