Oceanside Municipal Code Ch. 7B Obnoxious Conduct

Footnotes:

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Cross reference— Disorderly conduct, § 20.5.

This chapter is adopted pursuant to Sections 318.5 and 318.6 of the Penal Code. All words used in this chapter which also are used in the said Sections 318.5 and 318.6 are used in the same sense and mean the same as the same respective words used in the said Sections 318.5 and 318.6 of the Penal Code.

(Ord. No. 70-43, § 1, 11-25-70)

As used in this chapter, and in Sections 318.5 and 318.6 of the Penal Code, the phrase "theater, concert hall, or other similar establishment which is primarily devoted to theatrical performances" shall mean a building, playhouse, room, hall or other place having permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, upon which theatrical or vaudeville or similar performances are given, and in which the serving of food and/or beverages is clearly incidental to such performances (and for which a city license for a theater is in full force and effect). This definition does not supersede the provisions of section 7B.1 of this chapter.

(Ord. No. 70-43, § 1, 11-25-70)

Every female 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 a public view, or while serving food or drink or both to any customer:

(a) Exposes any portion of either breast below a straight line so drawn that both nipples and all portions of both breasts which have a different pigmentation that of the main portion of the breasts are below such straight line; or

(b) Employs any device or covering, which is intended to simulate such portions of the breasts; or

(c) Wears any type of clothing so that any portion of such part of the breast may be observed.

(Ord. No. 70-43, § 1, 11-25-70)

Every person is guilty of a misdemeanor who:

(a) Exposes his or her private parts or buttocks, or employs any device or covering which is intended to simulate the private parts or pubic hair of such person, while participating in any live act, demonstration, or exhibition in any public place, place open to the public, or place open to public view, or while serving food or drink or both to any customer; or

(b) Permits, procures or assists any person to so expose himself or herself, or to employ any such device.

(Ord. No. 70-43, § 1, 11-25-70)

Every person is guilty of a misdemeanor who exhibits or presents as entertainment or show in any place where food or beverages are sold or where any entrance fee is charged still or motion pictures portraying human beings while nude or with the female breast exposed below the areola or male or female buttocks, private parts or perineum exposed unless such place is theater or concert hall (as defined in section 7B.2 above) for which a city license for such theater or concert hall is in full force and effect and for which a conditional use permit has been granted by the city.

(Ord. No. 70-43, § 1, 11-25-70)

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this chapter.

(Ord. No. 70-43, § 1, 11-25-70)

This chapter does not apply to:

(a) A theater, concert hall, or similar establishment which is primarily devoted to theatrical performances.

(b) Any act authorized or prohibited by any state statute.

(Ord. No. 70-43, § 1, 11-25-70)