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Article 15.3 Prohibiting Nude Performers


Please Note That Although This Ordinance Was Enacted in 1973, It Has Been Rendered Unconstitutional by over 20 Years of U.S. Supreme Court Rulings and Federal Circuit Court Rulings. Nude Dancing and Entertainment is a First Amendment Protected Activity and It Is Unconstitutional for Any City, Burrough, County or State to Try and Ban Nude Entertainment Throughout Their District. Please see the 1981 U.S. Supreme Court Ruling of Schad v. Borough of Mount Ephraim. For Whatever Reason, This Law is Still On the Books, Even Though Unconstitutional.

 SEC. 1071. DEFINITION.

For the purpose of this Article, the following words and phrases shall mean and include:

(a) Theater. A building, playhouse, room, hall or other place having a permanent stage upon which movable scenery and theatrical or vaudeville or similar performances are given, with permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, whose primary function is to give such performance. (Added by Ord. 260-73, App. 7/5/73)

SEC. 1071.1. PROHIBITION.

Every person is guilty of a misdemeanor who, while acting as a waiter, waitress or entertainer in an establishment which serves food, beverages, or food and beverages, including but not limited to, alcoholic beverages; (a) exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (b) exposes or employs any device, costume or cover which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or (c) exposes any portion of the female breast at or below the areola thereof; or (d) employs any device or covering which is intended to simulate such portion of the breast. (Added by Ord. 260-73, App. 7/5/73)

SEC. 1071.2. 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. (Added by Ord. 260-73, App. 7/5/73)

SEC. 1071.3. COUNSELING OR ASSISTING.

Every person is guilty of a misdemeanor who permits, counsels, or assists any person to violate any provision of this Article. (Added by Ord. 260-73, App. 7/5/73)

SEC. 1071.4. EXCEPTIONS.

This Article 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; (c) entertainment as defined in Section 1060(e), Article 15.1 of this Code, and as regulated by Section 1060.9.1 of said Code. (Added by Ord. 260-73, App. 7/5/73)

SEC. 1071.5. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Article, or application thereof to any person or circumstances, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. (Added by Ord. 260-73, App. 7/5/73)

SEC. 1071.6. PENALTY.

A violation of this Article is punishable by a fine not exceeding $500 or by imprisonment in the County Jail for not exceeding six months, or by both such fine and imprisonment. (Added by Ord. 260-73, App. 7/5/73)

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