Chapter 11.20
OFFENSES AGAINST PUBLIC MORALS
Sections:
11.20.010 Definitions.
11.20.020 Lewd act.
11.20.030 Location of performers providing certain forms of entertainment and patrons restricted.
11.20.040 Lewd act—Exemptions.
11.20.050 Lewd act—Affirmative defenses.
11.20.060 Public display of sexually explicit material.
11.20.070 Urinating in public.
11.20.080 Facilitating offense.
11.20.010 Definitions.
As used in this chapter, the following words and terms shall have the meaning set forth in this section:
(1) “Exposed” means the state of being revealed, exhibited or otherwise rendered open to public view.
(2) “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 interests, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political or scientific value.
(3) “Lewd act” means public:
(A) Exposure of any portion of the human anus, genitals or pubic region; or
(B) Exposure of the female breasts lower than the upper edge of the areola; or
(C) Touching, caressing or fondling of the male or female genitals or female breast, whether clothed or naked; or
(D) Masturbation; or
(E) Sexual conduct as defined by subsection (7) of this section.
(4) “Person” means and includes natural persons of either sex, firms, corporations, and all associations of natural persons, whether acting by themselves or by an agent, servant, or employee.
(5) “Public” or “public display” means easily audible or visible from a public thoroughfare, or from property of others, or in a public place in a manner so obtrusive as to make it difficult for an unwilling observer, should one arrive, to avoid the observation.
(6) “Public place” means any place in which the general public has a right to be present, and any area open to public view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, 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. Also, public place is an entire 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, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(7) “Sexual contact” means:
(A) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
(B) Any penetration of the vagina or anus, however slight, by an object, when committed by one person on 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
(C) Any 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; or
(D) Masturbation, manual or instrumental, of one person by another.
(8) “Sexually explicit material” means any pictorial or three-dimensional material depicting human sexual intercourse, masturbation, sodomy (i.e., bestiality or oral or anal intercourse), direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship; 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 under this definition, such material shall be adjudged 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 section. (Ord. 4334 § 6 (part), 2011)
11.20.020 Lewd act.
Every person who intentionally performs any lewd act in a public place or in public is guilty of a gross misdemeanor. (Ord. 4334 § 6 (part), 2011)
11.20.030 Location of performers providing certain forms of entertainment and patrons restricted.
(a) Every entertainer who shall appear in any public place while unclothed or with any portion of the crack of the buttocks, the genitals, pubic region or female breasts below the upper edge of the areola exposed, where such activity is lawful, shall confine himself or herself to a stage or other surface that is raised at least eighteen inches above the level of the floor upon which the closest patrons are seated or standing, and not closer than six feet from the nearest patron. Violation of this section is a gross misdemeanor.
(b) No person or patron who enters a public place wherein nude entertainment is permitted, as described in this section, shall go within six feet of the raised stage. Violation of this section is a gross misdemeanor. (Ord. 4334 § 6 (part), 2011)
11.20.040 Lewd act—Exemptions.
The prohibitions set forth in Section 11.20.020 shall not apply to any:
(1) “Expressive dance” as defined in Section 11.20.010;
(2) Play, opera, musical, or other dramatic work; or
(3) Class, seminar or lecture conducted for a scientific or educational purpose. (Ord. 4334 § 6 (part), 2011)
11.20.050 Lewd act—Affirmative defenses.
It is an affirmative defense to a prosecution for violation of Section 11.20.020 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. 4334 § 6 (part), 2011)
11.20.060 Public display of sexually explicit material.
(a) A person is guilty of displaying sexually explicit material if he or she knowingly places such material upon public display, or if he or she knowingly fails to take prompt action to remove a display from property in his possession after learning of its existence.
(b) 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.
(c) Public display of sexually explicit material is a misdemeanor. (Ord. 4334 § 6 (part), 2011)
11.20.070 Urinating in public.
A person is guilty of urinating in public if he or she intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public. Violation of this section is a misdemeanor. (Ord. 4334 § 6 (part), 2011)
11.20.080 Facilitating offense.
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 offense prohibited by this chapter upon the premises. Violation of this section is a misdemeanor. (Ord. 4334 § 6 (part), 2011)