HomeMy WebLinkAbout3060 AN ORDINANCE relating to the control
of nudity in public places; and
de¢larin$ an emergency.
WHEREAS, the trend toward a greater degree of undress
by entertainers and employees within public places, or places
where liquor or alcoholic beverage is offered for sale for
consumption on the premises has become a competitive commercial
exploitation of the human body that is offensive and adverse
to the public morals and does endanger the public health, safety,
morals and welfare; and
WHEREAS, the necessity in the public interest for the
provisions and prohibitions hereinafter contained and enacted
is declared as a matter of legislative determination and public
policy, and it is further declared that the provisions and pro-
hibit~ons hereinafter contained and enacted are in pursuance of
and for the purpose of securing and promoting the public health,
safety, morals and welfare; now, therefore,
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. The following words and terms as used
herein shall be held and construed to have the following meanings:
a. The term "liquor" shall mean and include the
-~finition provided by the Washington State Liquor
Act and shall include the four (4) varieties of
liquor defined therein.
b. The term "person" shall mean and include natural
~rsons of either sex, firms, corporations and all
associations of natural persons, whether acting by
themselves or by a servant or employee.
c. The term "public place" shall mean and ~ include
s-'~reets and alleys, buildings and grounds used for
school purposes; public dance halls and grounds
adjacent thereto; those parts of establishments
where intox/~e sold under the Washington State
LTquor K~Jt, soft drink establishments, public
buildings,, public meeting hal~ls, lobbies, halls and
dining rooms of hotels, restaurants, theaters,
stores, garage and filling stations which are open
to and are generally used by the public, and to which
the public is permitted to have unrestricted access;
railroad trains, stages, and other public conveyances
of all kinds 'and character, and the depots and wait-
ing rooms used in conjunction therewith which are
open to unrestricted use and access by the public;
publicly owned bathing beaches, parks and/or play-
grounds; and all other places of like or similar
nature to which the general public has unrestricted
right of access, and which are generally used by
the public.
Section 2. It shall be unlawful for any person to
appear or cause the appearance in any public place or place
where liquor or alcoholic beverage is offered for sale for
consumption on the premises of any person so costumed or dressed
that any portion of the male or female genitals, pubic area,
buttocks, or that portion of the female breast lower than the
upper edge of the areola is exposed to public view with less
than a full opaque covering.
Section 3. Any person who commits, attempts to commit,
conspires to commit or aids and abets in the commission of
any act which is in violation of the provisions of this ordinance,
whether individually or in connection with one or more persons
and whether as principal, agent, or accessory or who falsely,
fraudulently, forcefully or willfully induces, causes, coerces,
requires, permits or directs others to commit such violation,
shall be deemed guilty of a misdemeanor.
Section 4. The provisions of this section are
intended as cumulative and selective, and shall not repeal
any other section involving the same subject matter.
Section 5. This ordinance shall be deemed to be an
exercise of the police power of the City of Bremerton to preserve
the public peace, health, safety, welfare, morality and its
provisions shall be liberally construed for the accomplishment
of that purpose.
Section 6. The provisions of this ordinance are
severable and if any provisions, sentence, clause, section or
part thereof is held illegal, invalid or unconstitutional or
inapplicable to any person or circumstance, the illegality,
invalidity or unconstitutionality or inapplicability shall not
affect or impair any of the remaining provisions, sentences,
clauses, sections or parts of this ordinance or their applica-
tion to other persons or circumstances. It is hereby declared
to be the intent of the City Council that this ordinance
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would have been adopted if such illegal, invalid, or unconstitu-
tional provisions, sentence, clause, section or part had not been
included therein, or if the person or circumstances to which
the ordinance or any part thereof is inapplicable had been
specifically exempted therefrom.
Section 7. Tn that the trend toward a greater degree
of undress by entertainers and employees within public places
or places where liGuor or alcoholic beverage is offered for
sale for consumption on the premises does constitute an immediate
danger to the public health, safety, morals and welfare, an
urgency and emergency for the passage of this ordinance is
hereby declared to, and does exist, and the same shall take
effect immediately upon its passage.
PASSED unanimously on first reading by the City
Council of the City of Bremerton, signed by the Mayor and
attested by the City Clerk in authentication of such passage
this ~/-day of February, 1973.
ATTEST:
G.C. Clerk