Ordinance No. 511ORDINANCE NO. 511
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
AMENDING CHAPTER IX OF THE CYPRESS CITY CODE PROHIBITING
EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1: Sections 9 -1 through 9 -12 hereby are designated as "Article
I. Live Entertainment permits ".
SECTION 2: The term "Chapter" shall be deleted whenever it appears in
Sections 9 -1 through 9 -12, and the word "Article" shall be inserted in its
place.
SECTION 3: Article II hereby is added to Chapter 9 of the Cypress City
Code to read as follows:
ARTICLE II
UNLAWFUL EXPOSURE OF PRIVATE PARTS AND FEMALE BREASTS
Sec. 9 -13. Exposure by waiters, waitresses, and entertainers -
prohibitions and definitions.
Every person is guilty of a misdemeanor who, while acting as a waiter,
waitress, or entertainer in an establishment which serves food, beverage, or
food and beverages, including, but not limited to alcoholic beverages, for
consumption on the premises of such establishment:
(a) Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(b) Exposes any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks, perineum, anal
region or pubic hair region; or
(c) Exposes any portion of the female breast at or below the areola
thereof.
Sec. 9 -14, Same; Counseling or assisting.
Every person is guilty of a misdemeanor who causes, permits, procures,
counsels or assists any person to expose or simulate exposure as prohibited
in Section 9 -13.
Sec. 9 -15. Employment or payment not necessary for offense.
A person shall be deemed to be a waiter, waitress, or entertainer if such
person acts in that capacity without regard to whether or not such person is
paid any compensation by the management of the establishment in which the
activity is performed.
Sec. 9 -16. Exposure by performers in public, prohibitions and definitions.
Every person is guilty of a misdemeanor, who while participating in any
live act, demonstration, or exhibition in any public place, place open to the
public, or place open to public view:
(a) Exposes his or her genitals, pubic hair, buttocks, perineum, anal
region, or pubic hair region; or
(b) Exposes any device, costume or covering which gives the appearance
of or simulates the genitals, pubic hair, buttocks, perineum,
anal region or pubic hair region; or
(c) Exposes any portion of the female breast at or below the areola thereof.
"`8'e, 9 -17. Same; Counseling or assisting.
Every person is guilty of a misdemeanor who causes, permits, procures,
counsels or assists any person to expose or simulate exposure as prohibited
in Section 9 -16.
Sec. 9 -18. Exemption of theatrical establishments.
The provisions of this Article shall not apply to a theater, concert hall,
or similar establishment which is primarily devoted to theatrical performances.
Section 4: If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity
of the remaining portions thereof.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of August, 1973.
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAY(1, .OF THE CITY OF CYPRE
S
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting held by the said
City Council on the 13th day of August, 1973, by the following roll call vote:
AYES: 4 COUNCILMEN: Harvey, Kanel, Lacayo and Roberts
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMEN: Frankiewich
CIY CLERK OF THE 'CITY OF CYPRESS
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