HomeMy WebLinkAboutO-2888 - Amends Ch. 6.30, public indecency – prostitution – sex crimes (6.30)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE _'l1(g~
AN ORDINANCE OF THE CITY OF MARYSVILLE,
WASHINGTON, AMENDING SECTIONS OF MARYSVILLE
MUNICIPAL CODE CHAPTER 6.30 RELATING TO LEWD
CONDUCT; PROVIDING FOR SEVERABILITY; AND
EFFECTIVE DATE.
NOW THEREFORE, the City Council of the City of Marysville, Washington do ordain
as follows:
Section 1. MMC Chapter 6.30 entitled PUBLIC INDECENCY -PROSTITUTION -SEX
CRIMES, is hereby amended to read as follows:
Chapter 6.30
PUBLIC INDECENCY -PROSTITUTION -SEX CRIMES
Sections:
6.30.010 Statutes incorporated by reference.
6.30.020 Definitions.
6.30.025 Lewd Conduct
6.30.030 Unlawful public exposure prohibited.
6.30.040 Facilitating unlawful public exposure prohibited.
6.30.050 Exemptions.
6.30.060 Public display of sexually explicit material.
6.30.070 Location of performers providing certain forms of entertainment restricted.
6.30.080 Affirmative defenses.
6.30.010 Statutes incorporated by reference.
The following statutes relating to public indecency, prostitution, sexual exploitation of
children, and other sex crimes are incorporated by reference:
RCW
9A.44.010 Definitions for sexual offenses.
9A.44.096 Sexual misconduct with a minor in the second degree.
9A.44.120 Admissibility of child's statement.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution -Sex of parties immaterial-No defense.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
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9.68A.Oll Definitions.
9.68A.080 Processing depictions of minors engaged in sexually explicit conduct.
9.68A.090 Communication with minor for immoral purposes.
(Ord. 1642,1988; Ord. 1399,1984; Ord. 1309, 1983; Ord. 965 § 16.01, 1977).
6.30.020 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in
this section:
(1) "Expressive dance" means any dance which, when considered 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
considered in the context of the entire performance, is presented primarily as a means of
displaying nudity as a sales device or for other commercial exploitation without
substantial expression of theme, story or ideas.
(2) "Exposed" means the state of being revealed, exhibited or otherwise rendered open to
public view.
(3) "Public exposure" means the act of revealing, exhibiting or otherwise rendering open
to public view.
(4) "Public place" means an area generally visible to public view, and includes streets,
sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether
moving or not), and buildings open to the general public, including those which serve
food or drink or provide entertainment in the doorways and entrances to buildings or
dwellings in the grounds enclosing them.
(5) "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.
(6) "Sexual intercourse":
(a) Has its ordinary meaning and occurs upon any penetration, however slight;
and
(b) 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 diagnostic purposes; and
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(c) Also means any act of sexual contact between persons involving the sex
organs of one person and the mouth or anus of another, whether such persons are
of the same or opposite sex.
(7) "Sexually explicit material" means any pictorial or three-dimensional material
depicting sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of sexual relationship, or
emphasizing the depiction of adult human genitals; provided, however, that works of art
or of anthropological 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.
(8) "Unlawful public exposure" means:
(a) A public exposure of any portion of the human anus or genitals;
(b) A public exposure of any portion of the female breast lower than the upper
edge of the areola; or
(c) A public exposure consisting of touching, caressing or fondling of the male or
female genitals or female breasts, whether clothed or unclothed.
(9) The word "he" includes masculine, feminine and neuter; therefore references to "he"
shall also be meant to refer to "she." (Ord. 2070 § 7, 1996; Ord. 1281 § 2, 1983).
6.30.025 Lewd conduct.
(1) Penalty:
(a) A person is guilty of a misdemeanor lewd conduct if he intentionally
performs a lewd act in a public place or at a place and under circumstances
where such act could be observed by the public.
(b) The owner or operator of premises open to the public is guilty of a
misdemeanor ifhe intentionally permits lewd conduct in a public place under
his control.
(2) "Lewd act" means:
(a) Public exposure of one's genitals, buttocks, or any portion of the female
breast below the top of the areola; or
(b) Public touching, caressing or fondling of the genitals or female breast
whether clothed or not; or
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Cc) Public urination or defecation in a place other than a washroom or toilet
room; or
Cd) Public masturbation; or
Ce) Public sexual intercourse; or
(f) Simulation of any such intercourse or such acts as described in Ca) -(e) in
this section, including but not limited to the use of devices which appear to be
male or female genitalia or female breasts to simulate such acts as described in
(a) -(e) in this section.
(g) In addition, a person commits the offense of lewd conduct ifhe or she
performs any lewd act when he or she knows or reasonably should know such act
is likely to be observed by a person and such act is likely to cause reasonable
affront or alarm.
(3) "Public" or "public display" means easily visible from a public thoroughfare or
from property of others, or in a public place in manner so obtrusive as to make it
difficult for an unwilling person to avoid exposure.
(4) This chapter shall not be construed to prohibit:
(a) Plays, operas, musicals or other dramatic works which are not obscene;
(b) Classes, seminars and lectures held for scientific or education purposes;
(c) Exhibitions or dances which are not obscene.
(d) Breast feeding an infant
6.30.030 Unlawful public exposure prohibited.
It is unlawful for any person to intentionally commit any act constituting unlawful public
exposure as defined in this chapter. A violation of this section is a misdemeanor (Ord.
1281 § 2,1983).
6.30.040 Facilitating unlawful public exposure prohibited.
It is 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 omission, any unlawful public exposure upon said premises. (Ord. 1281 § 2,
1983).
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M-l1-o01/0rd.Amend Ch 6.30 1-23-12
6.30.050 Exemptions.
The prohibitions set forth in MMC 6.30.025 030 and through 6.30.040 shall not apply to
any:
(1) "Expressive dance," as defined in MMC 6.30.020;
(2) Play, opera, musical, or other dramatic work;
(3) Class, seminar, or lecture, conducted for a scientific, medical or educational purpose;
(4) Nudity within a locker room or other similar facility used for changing clothing in
connection with athletic or exercise activities. (Ord. 1281 § 2, 1983).
6.30.060 Public display of sexually explicit material.
(1) A person is guilty of displaying sexually explicit material ifhe knowingly places such
material upon public display, or ifhe knowingly fails to take prompt action to remove
such a display from property in his possession after learning of its existence.
(2) Material is placed upon "public display" if it is placed on or in a billboard, viewing
screen, theater marquee, newsstand, display rack, window, showcase, display case or
similar place so that sexually explicit material is easily visible from a public thoroughfare
or from the property of others. (Ord. 1281 § 2, 1983).
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 ofMMC 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. (Ord. 1281 § 2, 1983).
6.30.080 Affirmative defenses.
It is an affirmative defense to a prosecution for violation ofMMC 6.30.025 Q.3.O through ef
6.30.040 that the nudity or other public exposure, when considered in the context in which
presented, provided actual literary, artistic, political or scientific value and was not
provided for commercial or sexual exploitation or with an emphasis on an appeal to a
prurient interest. (Ord. 1281 § 2,1983).
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, subsection, sentence, clause, phrase or word of this ordinance.
Section 3. Effective Date. This ordinance shall become effective five days after the date of
its publication by summary.
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PASSED by the City Council and APPROVED by the Mayor this I~ day of f(.o. ,2012.
CITY OF MARYSVILLE
ATTEST:
Approved as to form:
By /Jldrc ()J~
funt Weed, City Attorney
Date of Publication: rebAu 4,&7 I.t;{ lO I z...
Effective Date (5 days after publication): F.ebe(..{ r.,.f{.~1 ZU, ZLJI L
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