Ordinance No. 541ORDINANCE NO. 541
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING SECTIONS 17 -13 THROUGH 17 -15 TO CHAPTER 17
"OFFENSES - MISCELLANEOUS" OF THE CODE OF THE CITY
OF CYPRESS REGULATING THE DISPLAY OF CERTAIN MATTER
TO MINORS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 17 -13 through 17 -15 are added to Chapter 17 of
the Code of the City of Cypress to read as follows:
"Sec. 17 -13. Findings.
"The City Council of the City of Cypress hereby finds and
determines that:
"(a) Materials depicting nudity are being prominently
displayed in various establishments in the City
of Cypress, which materials are readily available
for viewing by minors unaccompanied by their parents
or guardians;
"(b) Allowing minors to so
to have a detrimental
of the dignity of the
a proper relationship
ability to make sound
sexual morality; and
view such materials may tend
effect upon their understanding
human person, their concept of
between the sexes, and their
judgments in the field of
"(c) This in turn will have a detrimental impact on the
moral fiber of the community and will impair the
health, safety and general welfare of the City
of Cypress.
"Sec. 17 -14. Matter which Depicts the Exposure of Private
Parts and Female Breasts to Minors - Definitions.
"For the purpose of the provisions regulating the display
of matter to minors hereinafter set forth, the following words and
phrases shall be construed to have the meanings herein set forth,
unless it is apparent from the context that a different meaning is
intended:
"(a) 'Display' means to make available or locate matter
in such a manner so as to make the matter reasonably
exposed to view.
"(b) 'Minor' means any natural person under 18 years of age.
"(c) 'Person' means any individual, partnership, firm,
association, corporation, or other legal entity.
"Sec. 17 -15. Same - Prohibition.
"Every person is guilty of a misdemeanor who knowingly displays
for purposes of sale any picture, photograph, drawing or similar visual
representation or image of a person over the age of ten years which:
"(a) Exposes 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
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fl_ _ify
"(c) Exposes any portion of the female breast at or below
the areola thereof;
and such picture, photograph, drawing or similar visual representation or
image is displayed in such a manner as to be reasonably susceptible to
observation by minors."
SECTION 2. Severability.
If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this ordinance, or the application thereof to any person or
place, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance or its
application to other persons or places. The City Council hereby declares
that it would have adopted this ordinance, and each section, subsection,
subdivision, sentence, clause, phrase or portion thereof, irrespective of the
fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions, or the application thereof to any person
or place, be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 25th day of November, 1974.
ATTEST: ;
CITY LCLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the
said City Council held on the 25th day of November, 1974, by the following
roll call vote:
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Sonju and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY" CLERK OF THE CITY OF CYPRESS