HomeMy WebLinkAboutO-3061 - Amending MMC 6.30 - Public IndecencyCITY OF MARYSVILLE
Marysville, Washington
ORDINANCE NO. 3 D 6 (
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON, AMENDING CHAPTER 6.30 OF THE MUNICIPAL CODE REGARDING
PUBLIC INDECENCY.
WHEREAS, chapter 6.30 of the municipal code contains duplicative provisions; and
WHEREAS, eliminating duplicative provisions and reorganizing parts of the chapter will clarify its
intent.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION l. Chapter 6.30 of the municipal code is amended as set forth in Exhibit A.
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.
SECT I ON 3. Effective Date. This ordinance shall become effective five days after the date of its
publication by summary.
PASSED by the City Council and APPROVED by the Mayor this _......--_day of
J~ ,2017.
CITY OF MARYSVILLE
APRIL O'BRIEN, DEPUTY CITY CLERK
Approved as to from:
~-~
By ~ER, CITY ATTORNEY
Date of publication: 7/t h 1
Effective Date (5 days after publication): __ 7-'--f-/_1.1_//._l-+----
Sections:
EXHIBIT A
Chapter 6.30
PUBLIC INDECENCY -PROSTITUTION -SEX CRIMES
6.30.010 Statutes incorporated by reference.
6.30.020 Definitions.
6.30.025 Unlawful public exposurelewd 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.
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.
9.68A.011 Definitions.
9.68A.080 Processing depictions of minors engaged in sexually explicit conduct.
9.68A.090 Communication with minor for immoral purposes.
6.30.020 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
_f-:ij-"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.
-~"Public exposure" means the act of revealing, exhibiting or otherwise rendering open to public view.
-~"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,
and including those which serve food or drink or provide entertainment in the doorwaysi windows, drive-up windows,
and entrances to buildings or dwellings in the grounds enclosing them that are visible to public view.
_fet-"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.
_fe}-"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
(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.
_f+)-"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) /\ 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 consistin§ of touchin§, caressin§ or fomllin§ of the male or female §enitals 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
~
E>~~9'.9~?U Unlawful Public Exposurehewd GondUGt.
(1) Penalty.
(a) A person is §Uilty 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 §Uilty of a misdemeanor if he intentionally
permits lewd conduct in a public place under his control.
(~1) "Lewd act" meansA person is guilty of a misdemeanor if he or she intentionally performs any of the following acts in
a public place:
(a) Public e,Sxposure of one's genitals, buttocks, or any portion of the female breast below the top of the
areola; or
(b) ~I ouching, caressing or fondling of the genitals or female breast whether clothed or not; or
(c) Public u!,!rination or defecation in a place other than a washroom or toilet room; or
(d) Public mMasturbation; or
(e) Public s§.exual intercourse; or
(f) Simulation of any such intercourse or suchof the acts as-described in subsections (2)(a) through (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 subsections (2)(a) through (e) in this section.
(g) In addition, a person commits the offense of lewd conduct if he 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
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(4) This chapter shall not be construed~
(a) Plays, operas, musicals or other dramatic works which are not obscene;
(b) Classes, seminars and lect~&-held for scientffiG--OF-effiroatiGA-purpose&;-
(c) Exhibitions or dances which are not obscene;
(d) Breast feeding an infant. (Ord. 2888 § 1, 2012).
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It is unlawful for any person-te-imentionally commit affy'-aGH'l0Ai5*1~AQ-~13WWt-OOrnHrex~ as defined in this
chapter. A violation of this section is a misdemeanor. (Ord . 2888 § 1, 2012; Ord. 1281 § 2, 1983).
It is unlawful a misdemeanor 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.
(1) This chapter shall not be construed to prohibit the following when conducted within a building or area that is not
within view of streets. sidewalks, bridges. alleys, plazas, parks, or parking lots.:
(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;
The prohibitions set forth in MMC 6.30.025 through 6.30.040 shall not apply to any:
{:1-j...'.'.~i:essive-GaRce," as defined in MMC 6.30.020;
(2) Play, opera, rnusical, or other drarnatic work;
(3) Glass, serninar, or lecture, conducted for a scientific, rnedical or educational purpose;
(4Q) Nudity within a locker room or other similar facility used for changing clothing in connection with
athletic or exercise activities.
(e) The exemptions in subsections (a), (b), and (c) are available only if the performer is 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.
(2) This chapter does not prohibit breast feeding an infant regardless of the location .
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(1) A person is guilty of displaying sexually explicit material if he knowingly places such material upon public display, or
if he 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.
No entertainer shall appear in any public place while unclothed or with any portion of the buttocks, genitals, pubio region
or fernale breasts exposed, if allowed to so perforrn under the exernptions of MMC 6.30.oaG, except upon a stage or
other surface raised at least 18 inches abo11e the le•Jel of the floor upon which the closest patrons are seated or
standing, nor closer than six feet frorn the nearest patron.
6.30.080 Affirmative defenses. ········--··-······-·--··········--·-·······-----········-----·····
It is an affirmative defense to a prosecution for violation of MMC 6.30.025 through 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.