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HomeMy WebLinkAboutOrd 57 ORDINANCE NO. 57 AN URGENCY ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA PROHIBITING NUDITY IN COMMERCIAL ACTIVITIES. The city council of the City of Cathedral City does ordain as follows: SECTION 1. Purpose. This ordinance is intended to prohibit exposure of designated portions of the human anatomy in furtherance of commercial activity within the City. Such exposure when practiced for the purpose of attracting or enticing clientele, or for other commercial purposes not related to artistic or other protected forms of expression, is found by the City Council to be detrimental to the public health, safety, morals and general welfare, and not in keeping with the image, style and nature of businesses found necessary and desirable for the economic wellbeing of the business community of the City. SECTION 2. Chapter 5.37 hereby is added to the Cathedral City Municipal Code to read as follows: Chapter 5.37 COMMERCIAL NUDITY Sections: 5.37.010 Commercial nudity--Prohibited. 5.37.020 Commercial nudity--Permitting. 5.37.030 Compensation not controlling. 5.37.040 Exemption. 5.37.010 Commercial nudity--Prohibited. Every person is guilty of a misdemeanor who, while engaging in commercial activity (a) exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum or anal region; or (b) exposes any portion of the female breast at or below the areola thereof. 5.37.020 Commercial nudity--Permitting. Every person is guilty of a misdemeanor who causes, permits, counsels or assists any person to commit any act prohibited by Section 5.37.010. 5.37.030 Compensation not controlling. A person shall be deemed to be engaged in commercial activity without regard to whether such person is paid any compensation by the management of the establishment in which the activity is performed, provided that the prohibited act is performed in furtherance of the establishment's commercial enterprise. 5.37.040 Exemption. The provisions of this chapter shall not apply to actors, dancers, and other entertainers actually engaged in a lawful performance. - 1 - 000 X13 SECTION 3. This ordinance shall take effect as an urgency measure immediately upon adoption. It is hereby declared that it is necessary for the public peace, health, safety and general welfare that this ordinance be adopted as an urgency measure. The facts constituting the urgency are that plans appear imminent to establish one or more E businesses within the City in which male or female employees would provide personal grooming services to customers while such employees are unclothed above the waist, or otherwise partially or totally nude, and the Council has found and determined that such nudity of employees or partial nudity of female employees would be detrimental to the economy and general welfare of the City and would tend to blight areas where located, and injure nearby businesses. SECTION 4. The city clerk shall forthwith after the passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification, together with proof of posting, to be entered in the book of ordinances of this City. The foregoing ordinance was approved and adopted at a regular meeting of the City Council held on August 17, 1983, by the following vote: Ayes: Councilmembers Case, Martin, Murphy, Smith and Mayor Krings Noes: None Absent: None MA OR 1 w / ATTEST: . /4,0z....7). CI Y LERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: fr:(5v-- / �� �_. !. CITY TORNEY '� MAT R - 2 - 00041 • tyI HEREBY CERTIFY that the foregoing Ordinance No...S7 was duly adopted by the City Council of the City of C thedral City, California, in a meeting thereof held on the /74" day of 1983 , and that the same was posted within 15 days of the abov date in at least the three public places specified for such postings by the said City Council. /441// / ✓/fe At IN E. CLE CI Y CLERK CITY OF CATHEDRAL CITY L 000, 2O