Chapter 9.16
OFFENSES AGAINST PUBLIC DECENCY
Sections:
9.16.060 Promoting prostitution.
9.16.080 Lewd conduct – Penalty.
9.16.010 Definitions.
For the purposes of this chapter, the words and phrases set forth in this section shall have the following meanings:
A. “Commit prostitution” means to engage in sexual conduct for money but does not include sexual conduct engaged in as part of any stage performance, play or other entertainment open to the public.
B. “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, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political or scientific value.
C. “Known prostitute or panderer” means a person who, within one year previous to the date of arrest for violation of GMC 9.16.020, and within the knowledge of the arresting officer, has been convicted of an offense involving prostitution.
D. “Lewd act” means a public exposure of:
1. Any portion of the human anus, buttocks or genitals;
2. Any portion of the female breast lower than the upper edge of the areola;
3. Touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed, or other sexual contact;
4. Masturbation; or
5. Sexual intercourse.
E. “Public exposure” means the act of revealing, displaying, exhibiting or otherwise rendering open to public view.
F. “Public place” means any place in which the general public has a right to be present, and any area open to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the general public, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided.
G. “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.
H. “Sexual intercourse”:
1. Has its ordinary meaning and occurs upon any penetration, however slight;
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 diagnostic purposes; or
3. 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. (Ord. 2007-18 § 2).
9.16.020 Adoption.
The following sections of the Revised Code of Washington are hereby adopted by reference:
|
RCW |
|
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9A.88.010 |
Indecent exposure. |
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9A.88.030 |
Prostitution. |
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9A.88.050 |
Prostitution – Sex of parties immaterial – No defense. |
|
9A.88.060 |
Promoting prostitution – Definitions. |
|
9A.88.090 |
Permitting prostitution. |
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9A.88.110 |
Patronizing a prostitute. |
|
9A.88.120 |
Additional fee assessments. |
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9A.88.130 |
Additional requirements. |
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9A.88.140 |
Vehicle impoundment. |
(Ord. 2008-26 § 7).
9.16.030 Soliciting.
A. Every person who remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution is guilty of a misdemeanor.
B. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are that he or she:
1. Repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation; or
2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or
3. Is a known prostitute or panderer. (Ord. 2007-18 § 2).
9.16.060 Promoting prostitution.
Every person:
A. Acting other than as a prostitute or as a customer thereof, who knowingly:
1. Causes or aids a person to commit or engage in prostitution; or
2. Procures or solicits customers for prostitution; or
3. Provides persons or premises for prostitution purposes; or
4. Operates or assists in the operating of a house of prostitution or a prostitution enterprise; or
5. Engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution; or
B. Acting other than as a prostitute receiving compensation for personally rendered prostitution services, who accepts or receives money or other property pursuant to an agreement or understanding with a person whereby he participates or is to participate in the proceeds of prostitution activity;
is guilty of a misdemeanor. (Ord. 2007-18 § 2).
9.16.080 Lewd conduct – Penalty.
A. Committing a Lewd Act. A person is guilty of committing a lewd act as defined in GMC 9.16.010 if he or she intentionally performs any lewd act in a public place or at a place and under circumstances where such act could be observed by a member of the public.
B. Urinating or Defecating in a Public Place. A person is guilty of urinating or defecating in a public place if he or she intentionally urinates or defecates in a public place other than in a restroom or a toilet room.
C. Facilitating Offense. The owner, operator, manager or other person in charge of a public place is guilty of lewd conduct if he or she knowingly permits or causes any lewd act on said premises.
D. Lewd Conduct – Exemptions. The prohibitions set forth in this section shall not apply to any:
1. Expressive dance as defined in GMC 9.16.010;
2. Play, opera, musical or other dramatic work;
3. Class, seminar, or lecture, conducted for a scientific or educational purpose;
4. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities; or
5. Employees or entertainers of an adult business while on the premises of said adult business and subject to the standards and conduct set forth in Chapter 5.14 GMC.
E. Penalties. Unless otherwise provided, any person convicted for committing, attempting to commit, or aiding and abetting in the commission of any act that is in violation of the provisions of this chapter is guilty of a misdemeanor. (Ord. 2007-18 § 2).