Chapter 9.24
OFFENSES AGAINST PUBLIC DECENCY
9.24.000 Chapter Contents
Sections:
9.24.010 Definitions.
9.24.090 Urinating in public.
9.24.100 Displaying lewd matter.
9.24.110 Lewd conduct.
9.24.120 State statutes adopted by reference.
(Ord. 7436 §1, 2025; Ord. 7018 §1, 2016).
9.24.010 Definitions
For the purpose of this chapter, certain words and terms are defined as follows:
A. “Lewd Matter” is synonymous with "obscene matter" and means any matter:
1. Which the average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest in sex; and
2. Which explicitly depicts or describes patently offensive representations or descriptions of:
a. Ultimate sexual acts, normal or perverted, actual or simulated; or
b. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or
c. Violent or destructive sexual acts, including but not limited to human or animal mutilation, dismemberment, rape or torture; and
3. Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.
B. Lewd act means public:
1. Exposure of one’s anus, genitals, or female breasts; or
2. Touching, caressing or fondling of the anus, genitals or female breasts; or
3. Sexual conduct, as defined by subsection E of this section; provided, however, that this definition applies only to those works 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.
C. “Matter” means a live performance, a motion picture film, or a publication or any combination.
D. Public place 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 specified 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. "Sexual conduct" means:
1. Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or
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; or
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; or
4. Masturbation, manual or instrumental, of one person by another; or
5. Flagellation or torture in the context of a sexual relationship.
(Ord. 7436 §1, 2025; Ord. 7018 §1, 2016; Ord. 5164 §7, 1991; Ord. 3957 §5(A),1976).
9.24.090 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.
(Ord. 7436 §1, 2025; Ord. 7018 §1, 2016; Ord. 5164 §8, 1991; Ord. 4225 §2, 1980).
9.24.100 Displaying lewd matter
A person who, having knowledge of the contents thereof, knowingly places, or causes another to place, for sale or otherwise, lewd matter upon display in a public place or knowingly fails to take prompt action to remove such public display from property in the person’s possession after learning of its existence is guilty of displaying lewd matter.
(Ord. 7436 §1, 2025; Ord. 7187 §3, 2019; Ord. 7018 §1, 2016; Ord. 3957 §5(H), 1976).
9.24.110 Lewd conduct
A. A person is guilty of lewd conduct if the person intentionally performs a lewd act in a public place or at a place and under circumstances where such act could be observed by any member of the public.
B. The owner, manager or operator of premises open to the public is guilty of permitting lewd conduct if the owner, manager or operator intentionally permits or causes any lewd act on the premises.
C. A violation of this section is a gross misdemeanor.
(Ord. 7436 §1, 2025; Ord. 7187 §3, 2019; Ord. 7018 §1, 2016; Ord. 5164 §9, 1991; Ord. 3957 §5(I), 1976).
9.24.120 State statutes adopted by reference
The following sections of the Revised Code of Washington, as they appear now or are hereafter amended, are hereby adopted by reference as though fully set forth in this chapter:
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9A.88.010 - Indecent Exposure |
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9A.88.030 - Prostitution |
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9A.88.040 - Prosecution for prostitution under RCW 9A.88.030—Affirmative defense |
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9A.88.050 - Prostitution—Sex of parties immaterial—No defense. |
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9A.88.090 - Permitting prostitution |
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9A.88.110 - Patronizing a prostitute. |
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9A.88.120 - Additional fee assessments |
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9A.88.130 - Additional requirements |
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9A.88.140 - Vehicle impoundment—Fees—Fines |
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9A.88.150 - Seizure and forfeiture |
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9A.88.190 - Enforcement of rules restricting contact |
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9A.88.200 - Emergency assistance—Criminal immunity |
(Ord. 7436 §1, 2025; Ord. 7018 §1, 2016).