Chapter 9.28


9.28.010    Definitions.

9.28.020    Unlawful public exposure.

9.28.025    Repealed.

9.28.030    Unlawful public exposure – Exemptions.

9.28.035    Urinating in public.

9.28.040    Prostitution.

9.28.050    Prostitution – Sex of parties immaterial – No defense.

9.28.060    Patronizing a prostitute.

9.28.070    Facilitating offense.

9.28.010 Definitions.

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

A. “Exposed” means the state of being revealed, exhibited or otherwise rendered to public view.

B. “Person” means and includes natural persons of either sex, firms, corporations and all associations of natural persons, whether acting by themselves or by an agent, servant or employee.

C. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.

D. “Public place” means any place in which the general public has a right to be present, and any area open to public view, whether or not conditioned upon payment of a fee, and includes, but is not limited to, buildings open to the general public, whether or not access is restricted according to age, including those in which food and drink is served, or entertainment provided.

E. “Sexual contact” means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.

F. “Sexual intercourse”:

1. Has its ordinary meaning and occurs upon any penetration, however slight; and

2. 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

3. 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.

G. “Unlawful public exposure” means:

1. A public exposure consisting of nudity which means the showing of the human male or female genitalia, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum, anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola. The opaque covering shall be made of material or fabric, but shall not include any liquid substance, including mud, water, lotion, whipping cream, or other similar substances that are easily broken down or removed and do not offer the covering intended for an opaque opening;

2. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed; or

3. A public exposure consisting of masturbation, or of urination or defecation in a place other than a restroom or other facility. (Ord. 1188 § 1, 2000: Ord. 806 § 3 (part), 1987).

9.28.020 Unlawful public exposure.

It is unlawful for any person to intentionally commit any act constituting unlawful public exposure of his person or the person of another. Unlawful public exposure is a misdemeanor unless such person exposes himself to a person under the age of fourteen years, in which case the offense is a gross misdemeanor. (Ord. 831 § 14, 1988: Ord. 806 § 3 (part), 1987).

9.28.025 Location of performers providing certain forms of entertainment restricted.

Repealed by Ord. 1188. (Ord. 806 § 3 (part), 1987).

9.28.030 Unlawful public exposure – Exemptions.

The unlawful exposure prohibition set forth in Section 9.28.020 shall not apply to any:

A. Class, seminar or lecture, conducted for scientific or education purpose;

B. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;

C. Child under ten years of age;

D. Person exposing a breast in the process of breastfeeding a child. (Ord. 1188 § 3, 2000: Ord. 806 § 3 (part), 1987).

9.28.035 Urinating in public.

A. It is unlawful for any person to intentionally urinate or defecate in a public place, other than a washroom or toilet room.

B. “Public place” is defined as an area accessible by the public and/or generally visible to public view and includes, but is not limited to, shorelines, waterways, streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, automobiles (whether moving or not), and 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.

C. Except as provided in subsection D of this section, any person who violates this section shall be guilty of a civil infraction and may be punished by a fine or forfeiture of two hundred fifty dollars. A second offense may be punished by a fine or forfeiture of five hundred dollars.

D. Any person who violates subsection A of this section and previously has twice violated this section is guilty of a misdemeanor. (Ord. 1415 § 1, 2010).

9.28.040 Prostitution.

A. 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.

B. For purposes of this section, “sexual conduct” means “sexual intercourse” or “sexual contact” as defined in Section 9.28.010.

C. Prostitution is a misdemeanor. (Ord. 806 § 3 (part), 1987).

9.28.050 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:

A. Such persons were of the same sex; or

B. 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. 806 § 3 (part), 1987).

9.28.060 Patronizing a prostitute.

A person is guilty of the misdemeanor of patronizing a prostitute if:

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

B. He 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. He solicits or requests another person to engage in sexual conduct with him in return for a fee. (Ord. 806 § 3 (part), 1987).

9.28.070 Facilitating offense.

It is a misdemeanor 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 offense prohibited by Section 9.28.020 upon such premises. (Ord. 1188 § 4, 2000: Ord. 806 § 3 (part), 1987).