Chapter 9.34
LEWD ACTS AND CONDUCT
Sections:
9.34.020 Unlawful public exposure – Prohibited.
9.34.030 Facilitating unlawful public exposure – Prohibited.
9.34.050 Affirmative defenses.
9.34.060 Lewd acts and conduct – Penalty.
9.34.010 Definitions.
Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter.
A. “Public place” means an area, whether publicly or privately owned, generally open to the public and includes, without limitation, buildings including the doorways and entrances to buildings or dwellings and the grounds enclosing them, streets, sidewalks, bridges, alleys, plazas, parks, driveways, and parking lots, whether or not access is restricted according to age, including those in which food or drink is served, or entertainment provided.
B. A person is guilty of 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 any member of the public.
C. The owner, manager or operator of premises open to the public is guilty of permitting lewd conduct if he intentionally permits or causes any lewd act on the premises. (Ord. 2320 § 1 (part), 2010)
9.34.020 Unlawful public exposure – Prohibited.
A. It shall be unlawful for any person to intentionally commit any act constituting unlawful public exposure.
B. “Public exposure” means the act of revealing, exhibiting or otherwise rendering certain parts of the human body open to public view.
C. “Unlawful public exposure” means:
1. A public exposure of any portion of the human anus or genitals;
2. A public exposure of any portion of the female breast lower than the upper edge of the areola; or
3. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed. (Ord. 2320 § 1 (part), 2010)
9.34.030 Facilitating unlawful public exposure – Prohibited.
It shall be 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 unlawful public exposure upon said premises. (Ord. 2320 § 1 (part), 2010)
9.34.040 Exemptions.
The prohibitions set forth in SMC 9.34.020 and 9.34.030 shall not apply to the following:
A. Play, opera, musical or other dramatic work;
B. Class, seminar or lecture conducted for a scientific or educational purpose;
C. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;
D. “Expressive dance,” which 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. (Ord. 2320 § 1 (part), 2010)
9.34.050 Affirmative defenses.
It is an affirmative defense to a prosecution for violation of SMC 9.34.020 and 9.34.030 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. 2320 § 1 (part), 2010)
9.34.060 Lewd acts and conduct – Penalty.
A violation of any of the provisions of this chapter is a misdemeanor and shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed more than 90 days, or both. (Ord. 2320 § 1 (part), 2010)