Chapter 9.16
OFFENSES AGAINST PUBLIC DECENCY

Sections:

Article I. Sex Offenses

9.16.010    Definitions.

9.16.020    Lewd acts.

9.16.025    Lesser urination in public.

9.16.030    Prostitution.

9.16.040    Loitering and soliciting for prostitution.

9.16.050    Patronizing a prostitute.

9.16.060    Promoting prostitution – Pimping.

9.16.065    Display of sexually explicit materials.

Article II. Drugs and Other Controlled Substances

9.16.070    State statutes adopted – Controlled substances.

9.16.080    Possession of unlawful substances.

9.16.085    Possession of drug paraphernalia.

9.16.090    Marijuana – Definitions.

9.16.093    Misdemeanor marijuana possession or dealing.

9.16.095    Public view usage of marijuana – Civil infraction.

9.16.100    Glue sniffing – Unlawful.

9.16.110    Glue sniffing – Violating or aiding or abetting violation.

9.16.120    Glue sniffing – Violators under 18 years.

9.16.130    Being under the influence – Prohibited.

9.16.140    Being under the influence – Violating or aiding or abetting violation.

Article III. Gambling

9.16.150    Definitions.

9.16.160    Statutes – Adopted.

9.16.170    Statutes – Amendments.

Article I. Sex Offenses

9.16.010 Definitions.

As used in this article:

A. “Commit prostitution” means to engage in sexual conduct for money.

B. “Known prostitute or panderer” means a person who, within one year previous to the date of arrest for prostitution, has within the knowledge of the arresting officer been convicted of an offense involving prostitution.

C.    1. “Lewd act” means public:

a. Exposure of one’s genitals or female breasts; or

b. Touching, caressing or fondling of the genitals or female breasts; or

c. Urination or defecation in a place other than a wash-room or toilet room; or

d. Masturbation; or

e. Sexual intercourse.

2. Artistic or dramatic performances in a theater or museum shall not be deemed to be within the definition set out in subsection (C)(1) of this section. 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; or

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.

3. “Theater,” as used in subsection (C)(2) of this section, does not include any premises wherein alcoholic beverages are sold.

D. “Public” or “public display” means easily visible from a public thoroughfare or from the 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. (Ord. 1558 § 1, 1980; prior code § 6.03.010)

9.16.020 Lewd acts.

A. Every person who intentionally performs any 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, is guilty of a misdemeanor.

B. The owner, manager or operator of premises open to the public wherein alcoholic beverages are sold, served or consumed is guilty of a gross misdemeanor if he intentionally permits or causes any lewd act on his premises. (Ord. 1558 § 1, 1980; prior code § 6.03.020)

9.16.025 Lesser urination in public.

A person is guilty of lesser urination in public if the person engages in acts manifesting the crime of lewd acts (BMC 9.16.020), but there are mitigating circumstances explaining the person’s actions, but which do not constitute a full legal defense to their actions. A violation of this section shall be a civil infraction and shall subject the violator to a fine of up to $500.00, plus any statutory or local assessments and costs. (Ord. 2846 § 2 (Exh. A), 2014)

9.16.030 Prostitution.

A. Every person who engages or agrees or offers to engage in sexual conduct with another person in return for a fee is guilty of a misdemeanor.

B. This section shall not apply to sexual conduct engaged in as part of any stage performance, play or other entertainment open to members of the public.

C. For purposes of this section, “sexual conduct” means “sexual intercourse” as defined in RCW 9A.44.010(1) or “sexual contact” as defined in RCW 9A.44.100(2). (Ord. 1558 § 1, 1980; prior code § 6.03.030)

9.16.040 Loitering and soliciting for prostitution.

A. Every person who remains in a public place and intentionally solicits, induces, entices or procures another to commit prostitution is guilty of a misdemeanor.

B. Among the circumstances which may be considered in determining whether the actor intends such prohibited conduct are he:

1. Repeatedly beckons to, stops or attempts to stop, or engages passers-by in conversation; or

2. Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture; or

3. Is a known prostitute or panderer. (Ord. 1558 § 1, 1980; prior code § 6.03.040)

9.16.050 Patronizing a prostitute.

Every person who:

A. Pursuant to a prior understanding, pays a fee to another person as compensation for such person or a third person having engaged in sexual conduct with him; or

B. 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 with him; or

C. Solicits or requests a known prostitute to engage in sexual conduct with him in return for a fee; is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.03.050)

9.16.060 Promoting prostitution – Pimping.

Every person:

A. Acting other than as a prostitute or as a customer thereof, who knowingly:

1. Causes or aids a person to commit or engage in prostitution; or

2. Procures or solicits customers for prostitution; or

3. Provides persons or premises for prostitution purposes, or

4. Operates or assists in the operation of a house of prostitution or a prostitution enterprise; or

5. Engages in any other conduct designed to institute, aid or facilitate an act or enterprise of prostitution; or

B. Acting other than as a prostitute receiving compensation for personally rendered prostitution services, who accepts or receives money or other property pursuant to an agreement or understanding with a person whereby he participates or is to participate in the proceeds of prostitution activity; is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.03.060)

9.16.065 Display of sexually explicit materials.

The provisions of RCW 9.68.130, as they exist and as amended, are hereby adopted by reference. In addition to the acts prohibited by RCW 9.68.130, a person is guilty of unlawful display of sexually explicit material if he or she knowingly exhibits such material in any manner, whether on a viewing screen or through any other medium so that the sexually explicit material is easily visible from a public thoroughfare, park or playground, or from one or more family dwelling units. (Ord. 2466 § 1, 2000; Ord. 2453 § 1, 2000)

Article II. Drugs and Other Controlled Substances

9.16.070 State statutes adopted – Controlled substances.

The following criminal provisions of the statutes contained in the RCW as they relate to drugs, prescription or otherwise, and other controlled substances, defining crimes and prescribing penalties, are adopted by this reference:

Chapters 69.38, 69.40, 69.41 and 69.50 RCW, as well as the WACs incorporated by reference in those statutes.

If any of the state statutes hereby adopted by reference are amended by the State Legislature or the people, including repeal and substitution of other language or recodifications, then such amendments are further incorporated by reference in this section and the city code codification. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 1923 § 1, 1989; Ord. 1558 § 1, 1980; prior code § 6.09.010)

9.16.080 Possession of unlawful substances.

A. Possession of a Controlled Substance. Any person convicted under this article of violation of any of the provisions adopted in BMC 9.16.070 regarding poisons or scheduled substances, as adopted and amended, is guilty of possession of a controlled substance, which is a gross misdemeanor.

B. Possession of a Legend Drug. Any person convicted under this article of violation of any of the provisions adopted in BMC 9.16.070 regarding legend drugs, as adopted and amended, is guilty of possession of a legend drug, which is a misdemeanor. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 2363 § 1, 1998; Ord. 1558 § 1, 1980; prior code § 6.09.020)

9.16.085 Possession of drug paraphernalia.

A. It is a misdemeanor for any person to use, or to possess with intent to use, drug paraphernalia.

B. “Drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. It includes but is not limited to the definitions of drug paraphernalia listed in RCW 69.50.102, adopted herein by reference. (Ord. 2814 § 2 (Exh. A), 2012)

9.16.090 Marijuana – Definitions.

A. “Legal amount” in reference to marijuana is defined as not more than one ounce of marijuana, not more than 16 ounces of marijuana-infused product in solid form, or not more than 72 ounces of marijuana-infused product in liquid form.

B. “Marijuana” means all parts of the plant cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.

C. “Marijuana-infused products” means products that contain marijuana or marijuana extracts and are intended for human use. (Ord. 2846 § 2 (Exh. A), 2014; Ord. 2363 § 2, 1998; Ord. 1558 § 1, 1980; prior code § 6.09.030)

9.16.093 Misdemeanor marijuana possession or dealing.

A. Any person possessing more than the legal amount of marijuana or marijuana-infused products is guilty of a misdemeanor.

B. Any person possessing marijuana or marijuana-infused products of any amount with the intent to sell and without a valid state license to do so is guilty of a gross misdemeanor.

C. Any person gifting, trading or selling marijuana or marijuana-infused products to a person under the age of 21 is guilty of a gross misdemeanor.

D. Any person, under the age of 21, possessing any amount of marijuana or marijuana-infused products is guilty of a misdemeanor.

E. A person who is convicted of a violation of any provision of this section shall be punished by imprisonment for not less than 24 consecutive hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine shall not be less than $500.00. These fines shall be in addition to any other fine or penalty imposed. (Ord. 2846 § 2 (Exh. A), 2014)

9.16.095 Public view usage of marijuana – Civil infraction.

It is unlawful to open a package containing marijuana, usable marijuana, or a marijuana-infused product, or consume marijuana, usable marijuana, or a marijuana-infused product, in view of the general public. The fine shall be $200.00. (Ord. 2846 § 2 (Exh. A), 2014)

9.16.100 Glue sniffing – Unlawful.

It is unlawful to intentionally smell or inhale the fumes from any glue, cement or other adhesive containing one or more of the following chemical compounds: acetone, an acetate, benzene, butyl alcohol, ethyl alcohol, ethylene, dichloride, isopropyl alcohol, methyl alcohol, methyl ethyl ketone, pentachlorophenol, petroleum ether or toluene, for the purpose of becoming intoxicated, inebriated, excited or stupefied; provided, that this section shall not be construed as applying to the inhalation of any anesthesia for medical or dental purposes. (Ord. 1558 § 1, 1980; prior code § 6.09.040)

9.16.110 Glue sniffing – Violating or aiding or abetting violation.

Any person who violates the provisions of BMC 9.16.100 or counsels, aids or abets any such violation is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.09.050)

9.16.120 Glue sniffing – Violators under 18 years.

Any person under the age of 18 years violating BMC 9.16.100 shall be cited to juvenile court of the state for the county for investigation and, in the event that such person is remanded by the judge of the juvenile court to the city authorities for prosecution, such person may be tried in the city police court and punished as provided for in the penalty section. (Ord. 1558 § 1, 1980; prior code § 6.09.060)

9.16.130 Being under the influence – Prohibited.

A. It is unlawful for any person to be under the influence of any drug or other controlled substance as defined or scheduled in Chapter 69.50 RCW or to be under the influence of any substance mentioned in BMC 9.16.100 in any private premises or house to the annoyance of any individual, or in a public place, in a vehicle, in or on a public place, or in a place open to the public view or to which the public has access.

B. For the purposes of this section, an individual is “under the influence” of a drug or other substance when any of his normal faculties are substantially affected or impaired as a result of the use of such drug. (Ord. 1558 § 1, 1980; prior code § 6.09.070)

9.16.140 Being under the influence – Violating or aiding or abetting violation.

Any person who violates, or counsels, aids or abets a violation of BMC 9.16.130 is guilty of a misdemeanor. (Ord. 1558 § 1, 1980; prior code § 6.09.080)

Article III. Gambling

9.16.150 Definitions.

The definitions as contained in RCW 9.46.020 and WAC Title 230 are adopted by reference. (Ord. 1726 § 1, 1984)

9.16.160 Statutes – Adopted.

The following statutes are adopted by reference:

RCW

9.46.170    9.46.195 9.46.230

9.46.185    9.46.196 9.46.240

9.46.190    9.46.198

(Ord. 1726 § 2, 1984)

9.16.170 Statutes – Amendments.

If any of the state statutes adopted by this article by reference are amended by the State Legislature or the people, including repeal and substitution of other language or recodification, then such amendments are further incorporated by reference into this article. (Ord. 1726 § 3, 1984)