Chapter 10.35
OFFENSES AGAINST PUBLIC MORALS
Sections:
10.35.010 Urinating in public.
10.35.020 Penalties for infractions.
Prior legislation: Ords. 1839 and 1843.
10.35.010 Urinating in public.
It is unlawful for any person to urinate or defecate in a public place other than a washroom or toilet room or other facility specifically designated and intended for that use. Violation of this section shall be an infraction as described in CMC 10.35.020. (Ord. 2103 § 1 (part), 2003).
10.35.020 Penalties for infractions.
The penalty for any infraction specified in CMC 10.35.010 shall be not more than one hundred fifty dollars. Each and every day or portion thereof in which an infraction is committed shall constitute a separate and distinct infraction. (Ord. 2103 § 1 (part), 2003).
10.35.030 Lewd conduct.
A. A person is guilty of lewd conduct if he/she intentionally performs a lewd act in a public place or a place and under circumstances when such act could be observed by any member of the public.
B. A “lewd act” as used in this section is:
1. Exposure of one’s anus, genitals or female breasts;
2. Touching, caressing or fondling of the anus, genitals or female breasts;
3. Masturbation; or
4. Sexual conduct.
C. “Sexual conduct” as defined below, applies only to those words which, applying the average standards of the city, taken as a whole, appeal to the prurient interest of persons and which lack serious literary, artistic, political or scientific value. “Sexual conduct” means:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight;
2. Any penetration of the vagina or anus, however slight, by an object, when committed by one person on another, whether such persons are of the same or opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes;
3. Any 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;
4. Masturbation, manual or instrument, or one person by another; or
5. Flagellation or torture in the context of a sexual relationship.
D. “Public place” as used in this section means an area generally visible to public view and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not) and buildings open to the public, whether or not limited to persons over a specific age, including those which serve food or drink, or provide entertainment, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
E. The owner, manager or operator of premises open to the public is guilty of permitting lewd conduct if he/she intentionally permits or causes a lewd act on the premises.
F. A violation of this section is a gross misdemeanor punishable by a fine of not more than nine thousand five hundred dollars or by imprisonment not to exceed one year or by both such fine and imprisonment. (Ord. 2103 § 1 (part), 2003).