Chapter 9.16
CRIMES RELATING TO PUBLIC MORALS
Sections:
9.16.030 Locations of Performers Providing Certain Forms of Entertainment Restricted
9.16.060 Prostitution - Sex of Parties Immaterial
9.16.070 Permitting Patronizing a Prostitute
9.16.080 Sexual Exploitation of Children and Minor Access to Erotic Materials
9.16.100 Nude Sunbathing Prohibited
9.16.110 Disclosing Intimate Images
9.16.010 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Act of prostitution shall mean engaging, offering, or agreeing to engage in sexual contact or sexual conduct with any person in return for a fee.
Actor shall mean a person who engages in conduct in violation of this article.
Exposed shall mean the state of being revealed, exhibited or otherwise rendered to public view.
Expressive dance shall mean 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.
Fee shall mean money, any negotiable instrument, any good or service having value, or any other consideration.
Known prostitute or panderer shall mean a person who, within one year prior to the date of arrest for a violation of this article, has been convicted of violating any ordinance or law of any jurisdiction within the state of defining and punishing acts of soliciting, committing or offering or agreeing to commit prostitution.
Person shall mean and include natural persons of either sex, firms, corporations and all associations of natural persons, whether acting by themselves or by an agent, servant or employee.
Sexual conduct shall mean:
(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 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
(c) 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; or
(d) Masturbation; manual or instrumental, of one person by another.
Sexual contact shall mean any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party. (Ord. 873, Sec. 4, 2012)
9.16.020 Indecent Exposure.
The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference:
(a) RCW 9A.88.010, Indecent exposure. (Ord. 873, Sec. 4, 2012)
9.16.030 Locations 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, 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. Any violation of this section is a misdemeanor. (Ord. 873, Sec. 4, 2012)
9.16.040 Prostitution - Unlawful Acts, Penalty - Adoption of RCW 9A.88.030, Prostitution, and RCW 9A.88.090, Permitting Prostitution, by Reference.
(a) It is unlawful for anyone to:
(1) Intentionally engage in or offer or agree to engage in an act of prostitution; or
(2) Intentionally secure or offer to secure another person for the purpose of engaging in an act of prostitution; or
(3) To intentionally transport a person into or within the City with the purpose of promoting that person’s engaging in an act of prostitution, or procuring or paying for transportation with that purpose; or
(4) Intentionally receive, offer or agree to receive a person into any place or building for the purpose of performing an act of prostitution, or to knowingly permit a person to remain there for any such purpose; or
(5) Intentionally direct a person to any place for the purpose of engaging in an act of prostitution; or
(6) Intentionally in any way aid, abet or participate in an act of prostitution; or
(7) Remain in or near any street, sidewalk, alleyway or other place open to the public with the intent of engaging in, inducing, enticing, soliciting or procuring a person to commit an act of prostitution. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are:
(i) That the actor is a known prostitute or panderer.
(ii) The actor repeatedly beckons to, stops or attempts to stop, or engages passersby in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture.
(iii) The actor circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians.
(iv) The actor inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, or requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer; or
(8) Intentionally enter or remain in any area of prostitution in violation of a condition of probation.
(b) Prostitution is a misdemeanor.
(c) RCW 9A.88.050, Prostitution, including all future amendments, additions, or deletions is adopted by reference.
(d) RCW 9A.88.090, Permitting prostitution, including all future amendments, additions, or deletions is adopted by reference. (Ord. 873, Sec. 4, 2012)
9.16.050 Probation Violations.
(a) As used in this section, “probationer” means any person who, after conviction of a violation of this article or Chapter 9A.88 RCW, has been placed on probation in connection with the suspension or deferral of sentence by either a district or municipal court of this County or the County Superior Court.
(b) Whenever a police officer shall have probable cause to believe that a probationer, prior to the termination of the period of his or her probation, is, in such officer’s presence, violating or failing to comply with any requirement or restriction imposed by the court as a condition of such probation, such officer may cause the probationer to be brought before the court wherein sentence was deferred or suspended, and for such purpose such police officer may arrest such probationer without warrant or other process. (Ord. 873, Sec. 4, 2012)
9.16.060 Prostitution - Sex of Parties Immaterial.
In any prosecution for prostitution, the sex of the two parties or prospective parties to the sexual conduct engaged in, contemplated, or solicited is immaterial and, therefore, no defense exists based upon the sex of the parties. (Ord. 873, Sec. 4, 2012)
9.16.070 Permitting Patronizing a Prostitute.
RCW 9A.88.110 is adopted by reference.
(a) A person is guilty of the misdemeanor of patronizing a prostitute if:
(1) Pursuant to a prior understanding he or she intentionally pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct or sexual contact with him or her; or
(2) He or she intentionally pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor such person will engage in sexual conduct or sexual contact with him or her; or
(3) He or she intentionally solicits or requests another person to engage in sexual conduct or sexual contact with him or her in return for a fee.
(b) RCW 9A.88.110, Patronizing a prostitute, including all future amendments, additions, or deletions is adopted by reference. (Ord. 873, Sec. 4, 2012)
9.16.080 Sexual Exploitation of Children and Minor Access to Erotic Materials.
The following state statutes, including all future amendments, additions or deletions, are hereby adopted by reference:
(a) RCW 9.68A.011, Definitions.
(b) RCW 9.68A.070, Possession of depictions of minor engaged in sexually explicit conduct.
(c) RCW 9.68A.080, Processors of depictions of minor engaged in sexually explicit conduct--Report required.
(d) RCW 9.68A.110(1), (2), (5), Certain defenses barred, permitted.
(e) RCW 9.68A.120, Seizure and forfeiture of property.
(f) RCW 9.68A.130, Recovery of costs of suit by minor.
(g) RCW 9.68A.140, Definitions.
(h) RCW 9.68A.150, Allowing minor on premises of live erotic performance.
(i) RCW 9.68A.160, Penalty. (Ord. 873, Sec. 4, 2012)
9.16.090 Urinating in Public.
(a) 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.
(b) Urinating in public is a misdemeanor. (Ord. 873, Sec. 4, 2012)
9.16.100 Nude Sunbathing Prohibited.
(a) A person is guilty of nude sunbathing if he or she intentionally makes any open or obscene exposure of his or her person at a public beach.
(b) Every person who violates any provision of this section shall be guilty of a misdemeanor. (Ord. 967, Sec. 1, 2016; Ord. 873, Sec. 4, 2012; Ord. 448, Sec. 3, 1994)
9.16.110 Disclosing Intimate Images.
The following state statute including all future amendments, additions or deletions is hereby adopted by reference:
(a) RCW 9A.86.010, Disclosing intimate images. (Ord. 967, Sec. 2, 2016)