Chapter 9.54


9.54.010    Intent.

9.54.020    Definitions.

9.54.030    Public nudity and exposure of certain body parts prohibited.

9.54.040    Exceptions.

9.54.050    Penalty.

9.54.010 Intent.

The intent of this chapter is to protect and preserve the health, safety, and welfare of the people of the city of Enumclaw by prohibiting any person from recklessly, knowingly, or intentionally appearing nude in a public place, or recklessly, knowingly, or intentionally causing or permitting another person to appear nude in a public place within the city, subject to the exceptions provided in EMC 9.54.040. (Ord. 2454 § 3 (Exh. A), 2010).

9.54.020 Definitions.

The following definitions apply to this chapter:

A. “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, or the location of a bona fide private club whose membership as a whole engages in social nudism or naturalism (a nudist resort or camp), an adult-oriented business as defined under EMC 15.04.020, and any similar public places in which nudity is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein.

B. “Public place” means any location open to the common and general use, participation, or enjoyment of the public where the public is present or likely to be present, or any location where the public is invited and is free to go upon special or implied invitation, or any location where a person may reasonably be expected to be observed by the public; this definition includes, but is not limited to, places open to the public for business or commercial purposes. (Ord. 2454 § 3 (Exh. A), 2010).

9.54.030 Public nudity and exposure of certain body parts prohibited.

A. It shall be unlawful for any person 10 years of age or older to recklessly, knowingly, or intentionally appear in a public place other than a public place provided or set apart for nudity, or to recklessly, knowingly, or intentionally cause or permit another person 10 years of age or older to appear in a public place other than a public place provided or set apart for nudity, in a state of nudity, which includes a state of dress or undress such that any of the following body parts or portions thereof are exposed to view or are covered with anything other than a full and opaque covering which completely covers all of the described area:

1. The male or female genitals, pubic area, buttocks or anal cleavage.

2. The nipple or areola of the female breast; and in addition at least one-half of that outside surface of the breast located below the top of the areola, which area shall be reasonably compact and contiguous to the areola.

B. Attire which is insufficient to comply with these requirements includes but it not limited to those items commonly known as G-strings, T-backs, dental floss, and thongs.

C. 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 which by its nature simulates the appearance of the anatomical area beneath it, is not full and opaque covering as required by this section. (Ord. 2454 § 3 (Exh. A), 2010).

9.54.040 Exceptions.

This chapter shall not be construed to prohibit nudity associated with:

A. The act of breastfeeding or expressing breast milk;

B. Plays, operas, musicals, or other dramatic works which are not obscene;

C. Classes, seminars, and lectures held for serious scientific or educational purposes;

D. Nonobscene adult entertainment exhibited in adult entertainment facilities as regulated under EMC 18.22.100;

E. Lawful, First Amendment protected protests;

F. Children under 10 years of age. (Ord. 2454 § 3 (Exh. A), 2010).

9.54.050 Penalty.

Each separate violation of any provision of this section unless otherwise specifically provided shall be as established by EMC 1.08.010. (Ord. 2454 § 3 (Exh. A), 2010).