Chapter 8.82
Public Indecency--Prostitution--Sex Crimes
Sections:
8.82.020 Body studios prohibited.
8.82.030 Body studios declared a public nuisance.
8.82.040 Designation of anti-prostitution emphasis areas.
8.82.050 Violation of conditions of release, suspension or deferral as separate crime.
8.82.060 Places of prostitution activity declared public nuisances.
8.82.070 Evidence of use for prostitution purposes.
8.82.080 Conviction as prima facie evidence.
8.82.090 Penalties for maintenance of public nuisance.
8.82.900 Statutes incorporated by reference.
8.82.010 Indecent exposure.
Other than where a person has been charged with this offense under circumstances where that person has previously been convicted of indecent exposure under this section or under RCW 9A.88.010, a person is guilty of indecent exposure if he intentionally makes any open and obscene exposure of his person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. Violation of this section is a misdemeanor unless the person committing the offense has exposed himself to a person under the age of fourteen years, in which case it is a gross misdemeanor. (Ord. 1418 §1(part), 1999).
8.82.020 Body studios prohibited.
A. Definitions. As used in this section, the following words and phrases shall have the following respective meanings ascribed to them:
1. "Body studio" means a premises upon which is furnished for a fee or charge or other consideration the opportunity to paint, massage, feel, handle or touch the unclothed body or unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity, and includes any such premises which is advertised or represented in any manner whatsoever as a "body painting studio," "model studio," "sensitivity awareness studio" or any other expression or characterization which conveys the same or similar meaning and leads to the reasonable belief that there will be furnished on any such premises for a fee or charge or other consideration the opportunity to paint, massage, feel, handle or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity.
"Body studio" as defined in this section shall not include massage businesses defined and regulated by Chapter 18.108 RCW, reducing salons or any studio which functions as a part of and under the direct supervision of an institution, the curriculum for which institution is approved by the office of the State Superintendent of Public Instruction of the state of Washington. "Body studios" shall also not include instances where individuals pay a fee to have decorations painted on their faces, hands or arms, in connection with church, civic or community celebrations and events.
2. "Model studio" means any premises where the primary purpose of the business is the furnishing of persons as models for a fee or charge or other consideration for the purpose of sketched, painted, drawn, sculptured, photographed or otherwise depicted in such a manner or under circumstances which constitute lewd conduct consistent with the definition and description of lewd matter and lewdness provided in Chapter 7.48 RCW dealing with moral nuisances.
"Model studio" as defined in this section shall not include any studio which functions as a part of and under the direct supervision of any institution, the curriculum for which institution if approved by the office of the State Superintendent of Public Instruction of the state of Washington, or which functions to provide models who are sketched, painted, drawn, sculptured, photographed or otherwise depicted for the purpose of commercial sale or advertising.
B. Unlawful Conduct.
1. It is unlawful for any person, firm or corporation to operate, conduct or maintain a body studio or model studio as defined in subsection A of this section.
2. It is unlawful for any person, on the premises of a body studio or model studio to paint, massage, feel, handle or touch the unclothed body or an unclothed portion of the body of another person, or to be so painted, massaged, felt, handled or touched by another person, or to observe, view or photograph any such activity or to engage in any such activity for the purpose of being observed, viewed or photographed.
C. Separate Offenses.
1. Each day of operating, conducting or maintaining a body studio or a model studio in violation of subsection (B)(1) of this section shall constitute a separate offense.
2. Each incident of unlawful conduct prohibited by subsection (B)(2) of this section shall constitute a separate offense. (Ord. 1418 §1(part), 1999).
8.82.030 Body studios declared a public nuisance.
Any use of property within the city as a body studio or model studio as defined in Section 8.82.020 is a public nuisance, subject to prevention or abatement by injunction or other appropriate legal remedy in the Superior Court of the state of Washington in and for the county of Grays Harbor. (Ord. 1418 §1(part), 1999).
8.82.040 Designation of anti-prostitution emphasis areas.
Certain areas of the city shall be designated as and identified to be anti-prostitution emphasis areas based on the repeat incidents of prostitution activities occurring therein, and enhanced penalties shall be applied in event of conviction of unlawful acts of prostitution, prostitution loitering, permitting prostitution or pandering, or patronizing a prostitute, within such areas. The areas to be so designated shall be identified by the city council in a resolution passed after consultation with the chief of the police department and the city attorney, and the list identifying such areas shall be kept on file in the office of the city clerk-controller. Additional areas may also be identified by the judge of the municipal or district court hearing prostitution cases arising from within the city.
If a defendant is convicted of prostitution or a prostitution related case occurring from within an area designated as an anti-prostitution emphasis area, a condition or term of sentence, deferral or suspension, shall be that such defendant shall stay out of all areas of the city designated as an anti-prostitution emphasis areas, unless there are significant and substantial extenuating circumstances in the defendant's particular case justifying avoidance of the requirement for such condition or term of sentence, deferral or suspension. In such case, the significant and substantial extenuating circumstances shall be identified and recited in the record of the case. (Ord. 1418 §1(part), 1999).
8.82.050 Violation of conditions of release, suspension or deferral as separate crime.
The presence of any person within an anti-prostitution emphasis area in violation of court-imposed conditions of release or conditions of suspension or deferral of any sentence shall constitute a separate crime designated a gross misdemeanor and any such person may be apprehended and arrested without the necessity for any warrant or additional court order. Upon conviction, any person so violating the conditions of release or conditions of suspension or deferral shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine. (Ord. 1418 §1(part), 1999).
8.82.060 Places of prostitution activity declared Public nuisances.
Any building, structure or place within the city used for the purpose of prostitution or pandering as defined in this chapter is declared to be a public nuisance. (Ord. 1418 §1(part), 1999).
8.82.070 Evidence of use for prostitution purposes.
A. Two or more criminal convictions of persons for acts of prostitution in a building, structure or place, within the one-year period preceding the commencement of an action under this chapter shall give rise to a rebuttable presumption that the building, structure or place has been used for the purposes of prostitution and is a public nuisance. In any action under this chapter, evidence of the common fame and general reputation of the building or place, of the inmates or occupants thereof, or of those resorting thereto, shall be admissible as evidence to prove the existence of the public nuisance but must be supported by additional evidence. Evidence of the general reputation of the building or place, or of the inmates or occupants thereof that is sufficient to establish the existence of the public nuisance, shall be prima facie evidence of knowledge thereof, and acquiescence and participation therein and responsibility for the nuisance by persons or legal entities having an interest in the property. Responsibility for the nuisance shall extend to the owners, lessors, lessees and all those in interest in any form in the property, real or personal, used in conducting or maintaining the public nuisance.
B. Evidence of cooperation by owners, agents or managers of a building or place with police investigations or operations to control prostitution may be used to rebut the presumptions created in this chapter. (Ord. 1418 §1(part), 1999).
8.82.080 Conviction as prima facie evidence.
Any conviction of any owner, manager, operator, agent or employee for promoting prostitution, for prostitution or pandering, for prostitution loitering, or for permitting prostitution, when such offense was related to any business or commercial enterprise, shall be prima facie evidence that the building, structure or place upon or in which business or commercial enterprise is or was conducted, was used for prostitution. (Ord. 1418 §1(part), 1999).
8.82.090 Penalties for maintenance of public nuisance.
Maintenance of a public nuisance as declared in this chapter, in addition to any other civil or criminal penalties, shall result in a civil penalty not less than five hundred dollars nor more than one thousand dollars for a first conviction of maintaining a public nuisance and by abatement by closure of such business or commercial enterprise for the period of thirty days for each subsequent conviction of maintaining a public nuisance. (Ord. 1418 §1(part), 1999).
8.82.900 Statutes incorporated by reference.
The following statutes are incorporated in this chapter by reference:
RCW 9.68.050 (Indecent articles, etc.)
RCW 9.68.080 (Unlawful acts)
RCW 9.68.100 (Exemptions)
RCW 9.68.130 (Sexually explicit material--Defined--Unlawful display)
RCW 9.68A.011 (Definitions)
RCW 9.68A.080 (Possessors of depictions: duty to report)
RCW 9.68A.090 (Communication with minor's for immoral purposes: non-felony)
RCW 9.68A.110 (Defenses)
RCW 9.68A.150 (Allowing minor on premises of live erotic performance)
RCW 9.68A.160 (Penalty [Allowing minor on premises of live erotic performance])
RCW 9A.44.010 (Definitions)
RCW 9A.44.020 (Testimonial matters)
RCW 9A.44.030 (Defenses)
RCW 9A.44.096 (Sexual misconduct with a minor in the second degree)
RCW 9A.44.120 (Admissibility of Child's Statement: conditions)
RCW 9A.44.130 (Registration of sex offenders and kidnapping of fenders--Procedures--Definition--Penalties)
RCW 9A.44.135 (Address verification)
RCW 9A.44.140 (Registration of sex offenders and kidnapping offenders--End of duty to register)
RCW 9A.44.150 (Testimony of child by closed circuit television)
RCW 9A.88.010 (Indecent exposure)
RCW 9A.88.030 (Prostitution)
RCW 9A.88.050 (Prostitution--Sex of parties immaterial--No defense)
RCW 9A.88.090 (Permitting prostitution)
RCW 9A.88.110 (Patronizing a prostitute)
RCW 9A.88.120 (Additional fee assessments)
(Ord. 1418 §1(part), 1999).