Chapter 9.16
INDECENT EXPOSURE AND PUBLIC DISPLAY OF SEXUALLY EXPLICIT MATERIALS
Sections:
9.16.020 Public exposure unlawful.
9.16.030 Facilitating public exposure unlawful.
9.16.040 Exceptions to chapter provisions.
9.16.050 Acts constituting public display of sexually explicit material.
9.16.060 Performers providing certain forms of entertainment—Restrictions.
9.16.070 Affirmative defenses.
9.16.010 Definitions.
A. Generally. As used in this chapter, the following words and terms shall have the meaning set forth in this section:
1. “Expressive dance” means any dance which, when considered in the context of the entire performance, constitutes an expression of theme, story, or ideas, but excluding any dance such as, but not limited to, common bar room type topless dancing which, 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.
2. “Exposed” means the state of being revealed, exhibited or otherwise rendered open to public view.
3. “Public exposure” means the act of revealing, exhibiting or otherwise rendering open to public view.
4. “Public place” means any place in which the general public has a right to be present, 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 or drink is served, or entertainment provided.
5. “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.
6. “Sexual intercourse”:
a. Has its ordinary meaning and occurs upon any penetration, however slight; and
b. 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
c. 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 same or opposite sex.
7. “Sexually explicit material” means any pictorial or three-dimensional material depicting sexual intercourse, masturbation, sodomy, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of sexual relationship, or emphasizing the depiction of adult human genitals; provided however that works of art, anthropological, literary, educational and medical significance shall not be deemed to be within the foregoing definition. In determining whether material is prohibited for public display by this section such material shall be judged without regard to any covering which may be affixed or printed over the material in order to obscure genital areas in a depiction otherwise falling within the definition of this subsection.
8. “Unlawful public exposure” means:
a. A public exposure of any portion of the human anus or genitals;
b. A public exposure of any portions of the female breast lower than the upper edge of the areola; or
c. A public exposure consisting of touching, caressing or fondling of the male or female genitals or female breasts, whether clothed or unclothed.
B. Gender. The word “he” includes masculine, feminine and neuter; therefore references to “he” shall also be meant to refer to “she”. (Ord. 3010 § 2, 1985)
9.16.020 Public exposure unlawful.
It is unlawful for any person to intentionally commit any act constituting unlawful public exposure as defined in this chapter. (Ord. 3010 § 3, 1985)
9.16.030 Facilitating public exposure unlawful.
It is unlawful 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 unlawful public exposure upon such premises. (Ord. 3010 § 4, 1985)
9.16.040 Exceptions to chapter provisions.
The prohibitions set forth in Sections 9.16.020 and 9.16.030 of this chapter, shall not apply to any:
A. “Expressive dance” as defined in Section 9.16.010 of this chapter;
B. Play, opera, musical or other dramatic work;
C. Class, seminar or lecture, conducted for a scientific, medical or education purpose;
D. Nudity within a locker room or other similar facility used for changing clothing in connection with athletic or exercise activities;
E. Works of art, and/or literary, educational, medical and anthropological works. (Ord. 3010 § 5, 1985)
9.16.050 Acts constituting public display of sexually explicit material.
A. A person is guilty of displaying sexually explicit material if he knowingly places such material upon public display, or if he knowingly fails to take prompt action to remove such a display from property in his possession after learning of its existence.
B. Material is placed upon “public display” if it is placed on or in a billboard, viewing screen theater marquee, newsstand, display rack, window, showcase, display case or similar place so that sexually explicit material is easily visible from a public thoroughfare or from the property of others. (Ord. 3010 § 6, 1985)
9.16.060 Performers providing certain forms of entertainment—Restrictions.
No entertainer shall appear in any public place while unclothed or with any portion of the buttocks, genitals, pubic region or female breasts exposed, if allowed to so perform under the exemptions of Section 9.16.040 of this chapter, except upon a stage or other surface raised at least eighteen inches above the level of the floor upon which the closest patrons are seated or standing, no closer than six feet from the nearest patron. (Ord. 3010 § 7, 1985)
9.16.070 Affirmative defenses.
It is an affirmative defense to a prosecution for violation of Sections 9.16.020 and 9.16.030 of this chapter, that the nudity or other public exposure, when considered in the context in which presented, provided actual literary, artistic, political or scientific value and was not provided for commercial or sexual exploitation or with an emphasis on an appeal to a prurient interest. (Ord. 3010 § 8, 1985)