HomeMy WebLinkAboutO-1281 - Adds Sec. 6.30.030 – 6.30.080, repeals and adds Sec. 6.30.020, nudity and public exposure (6.30)2 -Book PIA-h,
3-A·vJG
2~PI:?l,e.e peft-,.
CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO./2 a'1
AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING
SECTION 6.30.020 OF THE MARYSVILLE MUNICIPAL CODE
RELATING TO PUBLIC EXPOSURE OF FEMALE BREASTS,AND
ENACTING Nmv SECTIONS WHICH DEFINE AND PROHIBIT
CRUUNAL OFFENSES OF UNLAvJFUL PUBLIC EXPOSURE AND
FACILITATING UNLAWFUL PUBLIC EXPOSURE,PROHIBITING
PUBLIC DISPLAY OF SEXUALLY EXPLICIT MATERIAL,AND
REGULATING ENTERTAINMENT INVOLVING NUDITY
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO
ORDAIN AS FOLLOWS:
Section 1.Section 6.30.020 of the Marysville Municipal
Code is hereby REPEALED,the same being superseded by the following
provisions of this ordinance.
Section 2.The following new sections of Chapter 6.30 of
the Marysville Municipal Code are hereby enacted:
6.30.020 Definitions.As used in this chapter,the fol-
lowing words and terms shall have the meaning set forth in this sec-
tion:
(a)"Expressive dance"means any dance which,when con-
sidered in the context of the entire performance,
constitutes an expression of theme,story,or ideas,
but excluding any dance such as,but not limited to,
common barroom type topless dancing which,when con-
sidered in the context of the entire performance,is
presented primarily as a means of displaying nudity
as a sales device or for other commercial exploita-
tion without substantial expression of theme,story
or ideas.
(b)"Exposed"means the state of being revealed,exhibited
or otherwise rendered open to public view.
(c)"Public exposure"means the act of revealing,exhib-
iting or otherwise rendering open to public view.
(d)"Public place"means any place in which the general
public has a right to be present,whether or not
Ordinance - 1
conditioned upon payment of a fee,and includes,
but is not limited to,buildings open to the gen-
eral public,whether or not access is restricted
according to age,including those in which food
or drink is served,or entertainment provided.
(e)"Sexual contact"means any touching of the sexual
or other intimate parts of a person done for the
purpose of gratifying sexual desire of either
party.
(f)"Sexual intercourse":
1.Has its ordinary meaning and occurs upon any
penetration,however slight~and
2.Also means any penetration of the vagina or
anus,however slight,by an object,when
committed on one person by another,whether
.such persons are of the same or opposite,sex,
except when such penetration is accomplished
for medically recognized treatment or diag-
nostic purposes~and
3.Also means any act of sexual contact between
persons involving the sex organs of one per-
son and the mouth or anus of another whether
such persons are of the same or opposite sex.
(g)"Sexually explicit material"means any pictorial or
three-dimensional material depicting sexual inter-
course,masturbation,sodomy,bestiality,direct
physical stimulation of unclothed genitals,flagel-
lation or torture in the context of sexual rela-
tionship,or emphasizing the depiction of adult
human genitals~provided,however,that works of
art or of anthropoligical significance shall not
be deemed to be within the foregoing definition.
In determining whether material is prohibited for
public display by.this section such material shall
be judged without regard to any covering which may
be affixed or printed over the material in order
to obscure genital areas in a depiction otherwise
falling within the definition of this subsection.
(h)"Unlawful public exposure"means:
1.A public exposure of any portion of the human
anus or genitals;
Ordinance - 2
.....
,...-.
2.A public exposure of any portion of the female
breast lower than the upper edge of the areolai
or
3.A public exposure consisting of touching,caress-
ing or fondling .of the ~ale or female genitals
or female breasts,whether clothed or unclothed.
(i)The word "he"includes masculine,femine and neuter;
therefore references to "he"shall also be meant to
refer to "she."
6.30.030 Unlawful Public Exposure Prohibited.It shall
be unlawful for any person to intentionally commit any act consti-
tuting unlawful public exposure as defined in this chapter.
6.30.040 Facilitating Unlawful Public Exposure Prohibited.
It shall be unlawful for the owner,lessee,manager,operator or
other person in charge of any public place to knowingly permit,
encourage or cause to be committed,whether by commission or omis-
sion,any unlawful public exposure upon said premises.
6.30.050 Exemptions.The prohibitions set forth ln Sec-
tions 6.30.030 and 6.30.040 shall not apply to any:
(a)~Expressive dance"as defined in section 6.30.020.
(b)Play,opera,musical,or other dramatic work;
(c)Class,seminar,or lecture,conducted for a scien-
tific,medical or education purpose.
(d)Nudity within a locker room or other similar facil-
ity used for changing clothing in connection with
athletic or exercise activities.
6.30.060 Public Display of Sexually Explicit Material.
A person is guilty of displaying sexually explicit material if he
knowingly places such material upon public display,or if he know-
ingly fails to take prompt action to remove such a display from
property in his possession after learning of its existence.
Material is placed upon "public display"if it is placed
on or in a billboard,viewing screen,theatre marquee,newsstand,
display rack,window,showcase,display case or similar place so
Ordinance - 3
.:,-....'
....1 •
that sexually explicit material is easily visible from a public
thoroughfare or from the property of others.
6.30.070 Location of Performers Providing Certain Forms
of Entertainment Restricted.No entertainer shall appear in any
public place while unclothed or with any portion of the buttocks,
genitals,pubic region or female breasts exposed,if allowed to
so perform under the exemptions of 6.30.050,except upon a stage or
other surface raised at least 18 inches above the level of the
floor upon which the closest patrons are seated or standing,nor
closer than six feet from the nearest patron.
6.30.080 Affirmative Defenses.It is an affirmative
defense to a prosectuion for violation of Section 6.30.030 or
6.30.040 that the nudity or other public exposure,when considered
in the context in which presented,provided actual literary,artis-
tic,political or scientific value and was not provided for com-
mercial or sexual exploitation or with an emphasis on an appeal
toa prurient interest.
PASSED by the City Council and APPROVED by the Mayor
this 2.~day of }1IfU?CH-,1983.
THE CITY OF MARYSVILLE
ATTEST:
APPROVED AS TO FORM:
Ordinance - 4
..
1983 w;~2/r;l I:S8
AFFIDAVIT OF PUBLICATION'
No._
STATE OF WASHINGTON,
County of Snohomish,
SS.
on oath deposes and says that he is the ,...s..e.cx.etary__,. _
of THE MARYSVILLE GLOBE,a weekly newspaper.
That said newspaper is a legal newspaper which has been ap-
proved by order of the Superior Court in Snohomish County
June 18, 1962 in compliance with Chapter 213 of Washington
Laws of 1941,and it is now and has been for more than six
months prior to the date of the publication hereinafter re-
ferred to,published in the English language continually as a
weekly newspaper in Marysville,Snohomish County,Wash-
ington,and it is now and during all of said time was printed
in an office maintained at the aforesaid place of publication
of said newspaper.That the annexed is a true copy of a
Ordinance 1281 .____________________________--as It was
published in regular issues (and not in supplement form)of
said newspaper once each week for a period of 9!1..e_con-
secutive weeks,commencing on the ~9E!!_day of ~~~~__,
19_~~_,and ending on the ).9_tA day of~e!f!t ,19_~~_,
both dates inclusive,and that such newspaper was regularly
distributed to its subscribers during all of said period.That
the full amount of the fee charged for the foregoing publi-
t · .th f $132.00 .ea IOn IS e sum 0 ,which amount has been
pa:u~~::~::~§:-~~~:~~-~~~~~~~~~~~
day of --=m==~:5;;-1~~~...
Notary Public in and lor the State 01 Washington,
Residing at Marysville.
CITY OF MARYSV71II[L:IL:eE~--------_
)" .Marysville,Washington
ORDINANCE NO.1281
An Ordinance of the City of Marysville repealing Section 6.30.020 of the Marysvilll
Municipal Code relating to public exposure of female breasts,and enacting new seenem
which define and prohibit criminal offenses of unlawful public exposure and facllitatin!
unlawful public exposure,prohibiting public display of sexually explicit material,'anc
regulating entertainment involving nUdity.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON,DO OR
DAIN AS FOLLOWS:.
Section 1.Section 6.30.020 of the Marysville Municipal Code is hereby REPEALED,thl
same being superseded by the following provisions of this ordinance.'
Section 2. The following new sections of Chapter 6.30of the Marysville Municipal Codl
are hereby enacted;
6.30.020 Definitions.ASused In this chapter,the following words and terms shall havi
the meaning set forth In this section:'
(a)"Expressive dance"means any dance which,when'considered in the context of thl
entire performance,constitutes an expression of theme,story,or ideas, but excludlru
any dance such as, but not limited to,common barroom type topless dancing which
when considered In the context of the entire performance,Is presented primarily as j
means of displaying nudity as a sales device 'or for other commercial exploltatlol
without substantial expression of theme,story or Ideas.
(b)"Exposed"means the state of being revealed,eXhibited or otherwise renderec
open to public view.
(c)"Public exposure"means the act of revealing,exhibiting or otherwise rendertru
open to public view.
(d)"Public ptace"means any place In which the general public has a right to be pre
sent,whether or not conditioned upon payment of a fee, and Includes,but Is not Iimltel
to,buildings open to the general public,whether or not ac;cess is restricted according tl
age,InclUding those In which food or drink is served,or entertainment provided.
(e)"Sexual contact"means any touching of the sexual or other Intimate parts of a per
son done for the purpose of gratifying sexual desire of either party.
(f)"Sexual Intercourse":
1.Has Its ordinary'meaning and occurs upon any penetration,however slight;and
2. Also means any penetration of the vagina or anus,however slight,by an Object
when committed On one person by another,whether such persons are of the same or op
poslte sex,except when such penetration Is accomplished for medically recognized treat
ment or diagnostic purposes;and
3.Also means any act of sexual contact between persons Involving the sex organs 0
one person and the mouth or anus of another whether such persons are of the same or op
posite sex.
(g)"Sexually explicit material"means any pictorial or three-dimensional materia
depicting sexual Intercourse,masturbation,sod,omy,bestiality,direct physical stlmula
tlon of unclothed genitalS,flagellation or torture In the context of sexual relationship,0
emphasizing the depiction Of adult human genitals;provided,however,that works of ar
or of anthropoliglcal significance shall not be deemed to be within the foregoing deflni
tlon.In determining whe'ther material Is prohibited for public display by this secnoi
such material shall be fudged without regard to any covering which may be affixed 01
printed over the material In order to obscure genital areas In a depiction otherwise fall
Ing within the definition of this subsection.
(h)"Unlawful public exoosure':means:
1.A public exposure of any portion of the human anus or genitals;
2. A public exposure of any portion of the female breast lower than the upper edge 0
the areola;or '
3. A public exposure consisting Of touching,caressing or fondling of the male or femall
genitalS or female br-easts,Whether clothed or unclothed.
(I)The word "he"Includes masculine,femlne and neuter;therefore references t,
"he"shall also be meant to refer to "she."
6.30.030 Unlawful Public Exposure Prohibited.It shall be unlawful for any person to In
tentlonally commit any act constituting unlawful public exposure as defined In thl
chapter.
6.30.040 Facilitating Unlawful Public Exposure Prohibited.It shall be unlawful for thl
owner,lessee,manager,operator or other person In charge of <lny public place to know
Inglvpermlt,encourage or cause to be committed,whether by commission or omission
any unlawful public exposure upon said premises.
6.30.050 Exemptions.The prohibitions set forth in Sections 6.30.030 and 6.30.0«1 shal
not apply to any:'
(a)"Expresslve dance"as defined In Section 6.30.020.'
(b)Play,opera,musical,or other dramatic work;
(c) Class,seminar,or lecture,conducted for a scientific,medical or education pur
pose. '
(d)Nudity within a locker room or other similar facility used for changing clothing II
connection With athletic or exercise actlvites.
6.30.060 PUblic Display of Sexually Explicit Material.A person Is guilty of dlsplaylnl
sexually explicit material If he knowingly places such material upon public display,or I
he knowingly falls to take prompt action to remove such a display from property In hi!
possession after learning of Its existence.
Material Is placed upon "publlc display"If It is placed on or In',billbOard,viewlnl
screen,theatre marqu,!,n'1N!SS,tal\d,displav rack,wlndQW,sho.WC4se,diSplay case 01
slmJlllr place sotMI sexu1iI'ty e'xp!lc.lt m'lIterlal Is_e_asllv' v.lsible from a'-public
thoroughfare or from the prop-erty of others.
6.30.070 Loc.tion of Performers Pr.ovidlng Certain Forms .of Entertalnmel
Restrlctted.No entertainer shall appear In ahy public place while unclothed or with ar
portion of the buttocks,genitals,public region of female breasts exposed,If allowed to i
perform under the exemptions of 6.30.050,except upon a stage or other surface raised,
least 18inches above the level of the floor upon which the closest patrons are seated I
standing,nor closer than six feet from the nearest patron.
6.30.080 Affirmative Defenses. It Is an affirmative defense to a prosecution for viol
tlon of Section 6.30.030 or 6.30.040 that the nudity or other public exposure,when co
sldered In the context In which presented,provlded actual literary,artistic,political I
scientific value and was not provlded for commercial or sexual exploitation or with.
emphasis on an appeal to a prurient Interest.
PASSED by the City Council and APPROVED by the Mayor this 28th day Of Marc
1983.
THE CITY OF MARYSVILLE
By slNorm Anderson,Mayor Pro Tem
AMest: By s/Phllllp E.Dexter,City Clerk
Approved liS to Form:By slJames H.Allendoerfer,City Atty.
P blished:March 3D,1983