Chapter 9.34
LEWD CONDUCT
Sections:
9.34.030 Repealed.
9.34.040 Display of erotic material.
9.34.010 Definitions.
As used in this chapter:
A. “Public” or “public display” means easily 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 person to avoid exposure.
B. 1. “Lewd act” means:
a. Exposure of one’s genitals;
b. Touching, caressing or fondling of the genitals or female breasts;
c. Urination or defecation in a place other than a washroom or toilet room;
d. Masturbation;
e. Sexual intercourse; or
f. Public displays of erotic materials depicting human sexual intercourse, masturbation, flagellation or emphasizing the depiction of adult genitals; provided, however, that public displays of works of art of anthropological significance shall not be within the foregoing definition. Among circumstances which are to be considered in determining whether works of art of anthropological significance can be excluded from the definition of erotic material are whether the work, taken as a whole:
i. Appeals to the prurient interest;
ii. Depicts or describes in a patently offensive way sexual conduct constituting erotic material; or
iii. Lacks serious literary, artistic, political or scientific value.
2. Provided, however, that artistic or dramatic performances in a theater or museum shall not be deemed to be within the foregoing definition. Among circumstances which are to be considered in determining whether a performance is artistic or dramatic and thereby excluded from the definition of a lewd act are whether the work, taken as a whole:
a. Appeals to the prurient interest;
b. Depicts or describes in a patently offensive way sexual conduct constituting a lewd act; or
c. Lacks serious literary, artistic, political or scientific value. (Ord. 764 § 1, 2016; Ord. 370 §§ 4, 5, 6, 1984).
9.34.020 Offense designated.
A person is guilty of lewd conduct if he/she performs any lewd act in a public place or at a place and under circumstances where such an act could be observed by members of the general public. (Ord. 764 § 2, 2016; Ord. 370 § 1, 1984).
9.34.030 Permitting lewd conduct.
Repealed by Ord. 764. (Ord. 370 § 2, 1984).
9.34.040 Display of erotic material.
Every person who places erotic material upon public display or fails to take prompt action to cover such display on property in his/her possession after learning of its existence is guilty of lewd conduct. (Ord. 764 § 4, 2016; Ord. 370 § 3, 1984).
9.34.050 Violation – Penalty.
Violation of this chapter is a civil infraction subject to the monetary penalties as provided in Chapter 1.08 TMC. (Ord. 370 § 7, 1984).