Chapter 9.76
PUBLIC MORALS,
CRIMES RELATING TO
Sections
9.76.030 Location of performers providing certain forms of entertainment restricted.
9.76.050 Prostitution loitering.
9.76.060 SOAP order – Adoption by reference – Violation.
9.76.070 Sexual exploitation of children.
9.76.080 Obscenity and pornography.
9.76.090 Vehicle impoundment areas.
9.76.010 Definitions.
(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(2) “Actor” means a person who engages in conduct in violation of this chapter.
(3) “Exposed” means the state of being revealed, exhibited, or otherwise rendered to public view.
(4) “Expressive dance” means a dance that, when considered in the context of the entire performance, constitutes an expression of theme, story, or ideas, but excluding a dance such as, but not limited to, common barroom type topless dancing that, when considered in the context of the entire performance, is presented primarily as a means of displaying nudity as a sales device or for other commercial exploitation without substantial expression of theme, story or ideas, and the conduct appeals to the prurient interest, depicts sexual conduct in a patently offensive way and lacks serious literary, artistic, political, or scientific value.
(5) “Known prostitute or panderer” is a person who, within one year prior to the date of arrest for a violation of this chapter, has been convicted of violating an ordinance or law of a jurisdiction within the state defining and punishing acts of soliciting, committing, or offering or agreeing to commit prostitution.
(6) “Sexual contact” means touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party.
(7) “Sexual activity” means:
(a) Sexual intercourse within its ordinary meaning, occurring upon penetration, however slight; and
(b) Also means 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 an act of sexual contact between persons involving the sex organs of one person and the mouth or anus of another whether the persons are of the same or opposite sex; and
(d) Also means masturbation, manual or instrumental, of one person by another. [Ord. 1036 § 83, 1993.]
9.76.020 Indecent exposure.
The following state statute is adopted by reference and is applicable within the city:
RCW
9A.88.010 Indecent exposure.
[Ord. 1036 § 84, 1993.]
9.76.030 Location of performers providing certain forms of entertainment restricted.
(1) No entertainer shall appear in a public place while unclothed or with a portion of the buttocks, genitals, pubic region or female breasts exposed, except upon a stage or other surface raised at least 18 inches above the level of the floor upon which the closest patrons are seated or standing, nor closer than six feet from the nearest patron.
(2) A violation of or failure to comply with this section is a misdemeanor. [Ord. 1036 § 85, 1993.]
9.76.040 Prostitution.
The following state statutes are adopted by reference and are applicable within the City:
RCW
9A.88.030 Prostitution.
9A.88.050 Prostitution – Sex of parties immaterial – No defense.
9A.88.060 Promoting prostitution – Definitions.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
9A.88.140 Vehicle impoundment – Fees – Fines.
[Ord. 1723 § 2, 2019: Ord. 1036 § 86, 1993.]
9.76.050 Prostitution loitering.
(1) Use of Words and Phrases. As used in this section, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings:
(a) “Commit prostitution” means to engage in acts prohibited by chapter 9A.88 RCW, as presently constituted or as may be subsequently amended.
(b) “Known prostitute or procurer” means a person who within one year previous to the date of arrest for violation of this section, has within the knowledge of the arresting officer been convicted in a court of competent jurisdiction of an offense involving prostitution.
(c) “Public place” is an area generally visible to public view and includes streets, 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.
(2) It is unlawful for a person to remain in a public place and intentionally solicit, induce, entice, or procure another to commit prostitution.
(3) Among the circumstances that may be considered in determining whether a person intends such prohibited conduct are that such person:
(a) Repeatedly beckons to, stops or attempts to stop, or engages a passerby in conversation;
(b) Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms, or any other bodily gesture;
(c) Circles an area in a motor vehicle and repeatedly beckons to, contacts, or attempts to stop pedestrians;
(d) Is a known prostitute or procurer; or
(e) Inquires whether a potential patron, procurer or prostitute is a police officer, searches for articles that would identify a police officer, requests the touching or exposing of genitals or female breasts to prove that the person is not a police officer.
(4) A violation of or failure to comply with this section is a misdemeanor. [Ord. 1036 § 87, 1993.]
9.76.060 SOAP order – Adoption by reference – Violation.
(1) Adoption by Reference.
(a) The attached map and the attached “2005–2007 YTD DMPD Prostitution Related Case Reports” are hereby incorporated by reference and adopted by reference as though fully set forth in this section, as presented, constituted or as may be subsequently amended.
(b) Not less than one copy of each such attached map and the attached “2005–2007 YTD DMPD Prostitution Related Case Reports” is filed in the office of the Des Moines city clerk, with the administrator of the Des Moines Municipal Court and is available for use and examination by the public.
(2) Stay Out of Areas of Prostitution (SOAP) Orders – Violation.
(a) Certain areas of the city shall be designated as, and identified to be, anti-prostitution emphasis areas based on the repeat incidents of prostitution activities occurring therein, and additional penalties may be applied in the event of conviction of unlawful acts of prostitution, prostitution loitering, permitting prostitution, pandering, or patronizing a prostitute within said areas. The designated areas are as follows:
(i) The area within the city east of 16th Avenue South, together with the portion of the city 500 feet west of 16th Avenue South and south of Woodmont Beach Drive South, except the following: the portion of the city west of 24th Avenue South and north of South 214th Street.
(ii) Any and all motels and/or hotels within the city limits.
(b) Stay out of areas of prostitution orders, hereafter known as “SOAP orders,” may be issued by the Des Moines municipal court as a condition or term of sentencing, deferral, or suspension to any person convicted of prohibited acts of prostitution or prostitution-related offence contrary to any provision of the Des Moines Municipal Code.
(c) A person is deemed to have notice of the SOAP order when:
(i) The signature of the person prohibited in the order is affixed to the bottom of the order, acknowledging receipt of the order; or
(ii) The order otherwise indicates that either the person or the person’s attorney appeared before the court.
(d) The SOAP order shall be in writing and shall bear the following language: “Violation of this Court Order is a criminal offense under DMMC 9.76.060, and will subject the violator to arrest.”
(e) If a law enforcement officer has probable cause to believe that a person subject to the conditions of a SOAP order is violating or failing to comply with any requirement or restriction imposed by the court, such person may be apprehended and arrested without the necessity for any warrant or additional court order.
(f) A violation of a SOAP order shall constitute a misdemeanor. Upon conviction, any person so violating the terms and conditions of the SOAP order shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. [Ord. 1423 §§ 1, 2, 2007. Prior: Ord. 1132 § 1, 1995: Ord. 1036 § 88, 1993.]
9.76.070 Sexual exploitation of children.
The following state statutes are adopted by reference and are applicable within the City:
RCW
9.68A.011 Definitions.
9.68A.080 Reporting of depictions of minor engaged in sexually explicit conduct – Civil immunity.
9.68A.090 Communication with minor for immoral purposes – Penalties.
9.68A.110 Certain defenses barred, permitted.
9.68A.120 Seizure and forfeiture of property.
9.68A.130 Recovery of costs of suit by minor.
9.68A.150 Allowing minor on premises of live erotic performance – Definitions – Penalty.
[Ord. 1604 § 32, 2014: Ord. 1036 § 89, 1993.]
9.76.080 Obscenity and pornography.
The following state statutes are adopted by reference and are applicable within the city:
RCW
9.68.015 Obscene literature, shows, etc. – Exemptions.
9.68.030 Indecent articles, etc.
9.68.050 “Erotic material” – Definitions.
9.68.060 “Erotic material” – Determination by court – Labeling – Penalties.
9.68.070 Prosecution for violation of RCW 9.68.060 – Defense.
9.68.080 Unlawful acts.
9.68.090 Civil liability of wholesaler or wholesaler – distributer.
9.68.100 Exceptions to RCW 9.68.050 through 9.68.120.
9.68.110 Motion picture operator or projectionist exempt, when.
9.68.120 Provisions of RCW 9.68.050 through 9.68.120 exclusive.
9.68.130 “Sexually explicit material” – Defined – Unlawful display.
[Ord. 1036 § 90, 1993.]
9.76.090 Vehicle impoundment areas.
(1) The City Council finds that the area described in subsection (2) of this section has a disproportionately higher number of arrests for the offenses listed in RCW 9A.88.140(a) as compared to other areas within the City.
(2) An area within the City is designated as an area within which vehicles are subject to impoundment under RCW 9A.88.140, defined as follows:
The area within the City of Des Moines that includes and is east of 24th Avenue South and north of and including Kent-Des Moines Road, together with the area within the City of Des Moines between Kent-Des Moines Road and South 260th Street and lying within 500 feet of Pacific Highway South, together with the area within the City of Des Moines that includes and is east of 16th Avenue South and south of and including South 260th St.
(3) Signs shall be posted at the boundaries of the area designated in subsection (2) of this section to indicate that the area has been designated as an area within which vehicles are subject to impound under RCW 9A.88.140. [Ord. 1723 § 3, 2019.]