§ 788. COMMERCIAL DISPLAY OF DEAD HUMAN BODIES.

(a) It shall be unlawful to display to the public all or part of a dead human body or bodies for consideration or commercial purposes without valid written authorization from the deceased, which consent may be given in the last will of the deceased, or by a person who has the right to control the disposition of the remains pursuant to California Health and Safety Code Sections 7100 et seq., as amended, or any successor legislation. The Director of Public Health or the Director's designee shall determine the adequacy of the documentation offered to establish consent.

(b) The provisions of this Section shall not apply to the display of human remains:

(1) More than 100 years old;

(2) Consisting solely of human teeth or hair;

(3) As part of the ordinary display or viewing of the deceased at a licensed funeral establishment under Article 2, Chapter 12, Division 3 of the California Business and Professions Code (beginning with Section 7615), as amended, or any successor legislation, or as part of a similar funeral or memorial service; or,

(4) As objects of religious veneration.

(c) Any human remains in the possession of an institution accredited by the American Association of Museums, or in the possession of a museum facility of an accredited college or university, shall be presumed to be held in compliance with this Section.

(d) Violation of this Section shall be a misdemeanor, punishable by imprisonment in the county jail for a period not to exceed one year, a fine not to exceed $1,000, or both. The City Attorney may also bring a civil action to enjoin a violation of this Section.

(Added by Ord. 222-05, File No. 051034, App. 9/9/2005)