Chapter 10.04
OFFENSES AGAINST PUBLIC DECENCY

Sections:

10.04.010    Definitions.

10.04.020    Repealed.

10.04.025    Lewd conduct.

10.04.030    Repealed.

10.04.035    Facilitating lewd conduct.

10.04.040    Repealed.

10.04.050    Prostitution.

10.04.060    Prostitution - sex of parties immaterial - no defense.

10.04.070    Permitting prostitution.

10.04.080    Patronizing prostitution.

10.04.090    Public display of sexually explicit material.

10.04.100    Repealed.

10.04.110    Repealed.

10.04.120    Urinating in public.

10.04.300    Penalty.

10.04.310    Severability.

10.04.010 Definitions.

As used in this chapter, the following words and terms shall have the meaning set forth in this section:

(1) "Actor" means a person, regardless of gender, who engages in conduct prohibited by this chapter.

(2) "Expose" means to reveal, exhibit, or otherwise render open to public view.

(3) "Expressive conduct" means any dance, opera, musical, dramatic work, or other exhibition or performance, whether or not part of an organized or formal event, that constitutes protected speech under the federal or state constitution.

(4) "High risk prostitution area" means:

(a) The entire area extending two blocks east of and two blocks west of and inclusive of State Route 99 (Highway 99) from 220th Street S.W. to 244th Street S.W.; and,

(b) The entire area extending two blocks east of and two blocks west of and inclusive of State Route 99 (Highway 99) from State Road 525 (Mukilteo Speedway) to 112th Street S.W.

(5) "Obscene" matter means any matter:

(a) Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(b) Which explicitly depicts or describes patently offensive representations or descriptions of:

(i) Ultimate sexual acts, normal or perverted, actual or simulated; or

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions or lewd exhibition of the genitals or genital area; or

(iii) Violent or destructive sexual acts including but not limited to human or animal mutilation, dismemberment, rape or torture; and

(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political or scientific value.

(6) "Public place" means an area generally visible to public view including streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and any place in which the general public has a right to be present or view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, 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, and structures from which customers can be served through a drive-up or walk-up window, door, or other means, whether or not access is restricted according to age.

(7) "Public place provided or set apart for nudity" means an enclosed public restroom, an enclosed functional shower or locker room facility, an enclosed sauna, a motel room or hotel room designed and intended for sleeping accommodations, the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), and any similar public places in which nudity is necessarily and customarily expected outside of the home.

(8) "Sexual contact" means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of any person.

(9) "Sexual intercourse:"

(a) Has its ordinary meaning and occurs upon any penetration, however slight; and

(b) Also means 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; and

(c) Also means 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.

(10) "Sexually explicit material" means any pictorial or three-dimensional material depicting sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or emphasizing the depiction of adult human genitals; 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 by this section such material shall be judged 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 subsection.

(Ord. 83-010 § 2, adopted February 25, 1983; Amended Ord. 92-122, Dec. 2, 1992; Amended Ord. 92-152, Jan. 13, 1993; Amended by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010).

10.04.020 Unlawful public exposure prohibited.

(Ord. 83-010 § 2, adopted February 25, 1983; Repealed by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010)

10.04.025 Lewd conduct.

(1) A person is guilty of lewd conduct if in a public place and under circumstances where such conduct is likely to be observed by a member of the public the person intentionally:

(a) Exposes any of the following body parts of the person without a full and opaque covering in other than a public place provided or set apart for nudity:

(i) Any part of the male or female genitals, pubic hair, pubic area, perineum, anus, or bottom one-half of the anal cleft;

(ii) Any part of the areola or nipple of the female breast; or

(iii) More than one-half of the part of the female breast located below the top of the areola, provided that the covered area shall be reasonably compact and contiguous to the areola.

(b) Exposes the male genitals in a discernibly turgid state, even if fully and opaquely covered.

(c) Touches, caresses, or fondles the genitals or female breast, whether clothed or unclothed;

(d) Masturbates; or

(e) Engages in sexual contact.

(2) Body paint, body dye, tattoos, latex, tape, or any similar substance applied to the skin surface, any substance that can be washed off the skin, or any substance designed to simulate or by which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering within the meaning of this section.

(3) This section shall not be construed to prohibit:

(a) The act of breastfeeding or expressing breast milk;

(b) Classes, seminars, and lectures held for serious scientific or educational purposes;

(c) Expressive conduct that is not obscene, subject to the time, place, and manner restrictions contained in chapters 6.25, 6.30, or 30.28 SCC or other law;

(d) Conduct of licensed adult entertainers within adult entertainment dance studios operating pursuant to chapter 6.25 SCC;

(e) Conduct of licensed employees working as escorts or nude house cleaners in adult businesses operating pursuant to chapter 6.30 SCC, provided that the conduct is not exposed to a person under 18 years of age; or

(f) Conduct of a child under 10 years of age.

(Added by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010)

10.04.030 Facilitating unlawful public exposure prohibited.

(Ord. 83-010 § 2, adopted February 25, 1983, Repealed by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010)

10.04.035 Facilitating lewd conduct.

The owner, lessee, manager, operator, or other person in charge of a public place is guilty of facilitating lewd conduct if the person knowingly permits, encourages, or causes to be committed lewd conduct as defined in SCC 10.04.025.

(Added by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010)

10.04.040 Exemptions.

(Ord. 83-010 § 2, adopted February 25, 1983; Amended Ord. 86-099, § 60, Nov. 12, 1986; Repealed by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010)

10.04.050 Prostitution.

(1) A person is guilty of prostitution if such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.

(2) For purposes of this section, "sexual conduct" means "sexual intercourse" or "sexual contact" as defined herein.

(Ord. 83-010 § 2, adopted February 25, 1983).

10.04.060 Prostitution - sex of parties immaterial - no defense.

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 it is no defense that:

(1) Such persons were of the same sex;

(2) The person who received, agreed to receive, or solicited a fee was a male and the person who paid or agreed or offered to pay such fee was female.

(Ord. 83-010 § 2, adopted February 25, 1983).

10.04.070 Permitting prostitution.

A person is guilty of permitting prostitution if, having possession or control of premises which he knows are being used for prostitution purposes, he fails without lawful excuse to make reasonable effort to halt or abate such use.

(Ord. 83-010 § 2, adopted February 25, 1983).

10.04.080 Patronizing prostitution.

A person is guilty of patronizing prostitution if:

(1) Pursuant to a prior understanding the person pays a fee to another person as compensation for that other person or a third person having engaged in sexual contact with him or her; or

(2) The person pays or agrees to pay a fee to another person pursuant to an understanding that in return therefor, the other person will engage in sexual conduct with him or her; or

(3) The person solicits or requests another person to engage in sexual conduct with him or her in return for a fee; or

(4) The person remains in or near a high risk prostitution area open to the public with the intent of committing prostitution as defined in SCC 10.04.050. Among the circumstances which may be considered in determining whether an actor intends such prohibited conduct are:

(a) That the actor is a known prostitute or panderer; or

(b) That the actor repeatedly beckons to, stops or attempts to stop or engage passersby in conversation or repeatedly stops, or attempts to stop, motor vehicle operators by hailing, waiving of arms or any other bodily gesture; or,

(c) That the actor inquires whether a potential patron, procurer or prostitute is a police officer or searches for articles that would identify a police officer or requests the touching of genitals or female breasts or requests exposure of genitals or female breasts with the purpose of establishing that the person is not a police officer.

(5) The person remains in or near a high risk prostitution area open to the public with the intent of inducing, enticing, soliciting or procuring another to commit prostitution as defined in SCC 10.04.050. Among the circumstances which may be considered in determining whether an actor intends such prohibited conduct are:

(a) That the actor circles a high risk prostitution area and repeatedly beckons to, contacts, or attempts to stop pedestrians; or

(b) That the actor inquires whether a person being induced, solicited, enticed or procured to commit prostitution is a police officer or searches for articles that would identify a police officer or requests the touching of genitals or female breasts or requests exposure of genitals or female breasts with the purpose of establishing that the person is not a police officer.

(Ord. 83-010 § 2, adopted February 25, 1983; Amended Ord. 92-122, Dec. 2, 1992).

10.04.090 Public display of sexually explicit material.

A person is guilty of displaying sexually explicit material if he knowingly places such material upon public display, or if he knowingly fails to take prompt action to remove such a display from property in his possession after learning of its existence.

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.

(Ord. 83-010 § 2, adopted February 25, 1983).

10.04.100 Location of performers providing certain forms of entertainment restricted.

(Ord. 83-010 § 2, adopted February 25, 1983; Repealed by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010)

10.04.110 Affirmative defenses.

(Ord. 82-010 § 2, adopted February 25, 1983; Repealed by Ord. 09-127, Dec. 9, 2009, Eff date Jan. 7, 2010)

10.04.120 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 under circumstances where such act could be observed by any member of the public.

(Added Ord. 92-152, Jan. 13, 1993).

10.04.300 Penalty.

(1) Except as provided in this section, violation of any provision of this chapter constitutes a misdemeanor, punishable by a fine of up to $1,000, imprisonment for a period of up to 90 days, or both.

(2) Violation of SCC 10.04.120 is a class 3 civil infraction punishable as provided in chapter 10.70 SCC.

(Ord. 83-010 § 2, adopted February 25, 1983; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date March 1, 2013).

10.04.310 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter.

(Ord. 83-010 § 2, adopted February 25, 1983).