Chapter 8.20
OFFENSES AGAINST PUBLIC DECENCY

Sections:

8.20.010    Alcoholic beverage control.

8.20.020    Alcoholic beverage control – Opening or consuming liquor or possessing open container of liquor in public place.

8.20.030    Animals – Crimes relating to.

8.20.040    Controlled substances – Drug paraphernalia.

8.20.050    Controlled substances.

8.20.060    Gambling offenses.

8.20.070    Inhaling toxic fumes.

8.20.080    Prostitution.

8.20.090    Sexual offenses.

8.20.100    Urinating in public.

8.20.110    Massage and reflexology businesses.

8.20.010 Alcoholic beverage control.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW:

66.04.010    Definitions.

66.20.160    “Card of identification,” “licensee,” “store employee” defined for certain purposes.

66.20.170    Card of identification may be accepted as identification card and evidence of legal age.

66.20.180    Card of identification to be presented on request of licensee.

66.20.200    Unlawful acts relating to card of identification and certification card – Penalty.

66.28.090    Licensed premises or banquet permit premises open to inspection – Failure to allow – Violations.

Ch. 66.32    Search and seizure; entire chapter.

Ch. 66.44    Enforcement – Penalties; entire chapter.

(Ord. 46 § 15, 2003).

8.20.020 Alcoholic beverage control – Opening or consuming liquor or possessing open container of liquor in public place.

Except as provided by RCW Title 66, any person who possesses an open container of liquor in a public place is guilty of an infraction and fined $50.00, plus applicable court costs and fees. This provision shall not apply to containers kept in the trunk of a vehicle or in an area of the vehicle not normally occupied by the driver or passengers. A utility compartment or glove compartment is deemed to be within the area occupied by the driver and passengers. This provision does not apply to passengers in a public conveyance that is commercially chartered for group use or a for-hire vehicle licensed under City, county or state law. (Ord. 04-031 § 2, 2004; Ord. 46 § 16, 2003).

8.20.030 Animals – Crimes relating to.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW:

9.08.030    False certificate of registration of animals – False representation as to breed.

9.08.065    Definitions.

9.08.070    Pet animals – Taking, concealing, injuring, lulling, etc. – Penalty.

16.52.080    Transporting or confining an animal in an unsafe manner.

16.52.100    Confining animals without food or water.

16.52.117    Animal fighting.

16.52.190    Poisoning animals.

16.52.195    Poisoning animals – Penalty.

16.52.207    Animal cruelty in the second degree.

16.52.300    Dogs or cats used as bait.

(Ord. 46 § 17, 2003).

8.20.040 Controlled substances – Drug paraphernalia.

The following provisions of the Revised Code of Washington as presently constituted or hereafter amended are adopted by reference:

RCW:

69.50.102    Drug paraphernalia – Definitions.

69.50.412    Prohibited acts: E – Penalties.

(Ord. 46 § 20, 2003).

8.20.050 Controlled substances.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW:

69.50.101    Definitions.

69.50.204

(c)(22)    Schedule I – Marijuana.

69.50.309    Containers.

69.50.401(e)    Prohibited acts: A – Penalties.

69.50.425    Misdemeanor violators – Minimum imprisonment.

69.50.505(a)(1), (3), (6) and (7)

    Seizure and forfeiture.

69.50.506    Burden of proof.

69.50.509    Search and seizure of controlled substances.

(Ord. 12-006 § 2, 2012; Ord. 46 § 21, 2003).

8.20.060 Gambling offenses.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW:

9.46.190    Violations relating to fraud or deceit.

9.46.193    Cities and towns – Ordinance adopting certain sections of chapter – Jurisdiction of courts.

9.46.195    Obstructing of public servant – Penalty.

9.46.196    Cheating – Defined.

9.46.1962    Cheating – Second degree.

9.46.198    Working in gambling activity without license as violation – Penalty.

9.46.210    Enforcement – Commission as law enforcement agency.

9.46.217    Gambling records – Penalty – Exceptions.

9.46.222    Professional gambling in the third degree.

9.46.240    Gambling information, transmitting or receiving as violation – Penalty.

9.46.260    Proof of possession as evidence of knowledge of its character.

(Ord. 46 § 33, 2003).

8.20.070 Inhaling toxic fumes.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW:

9.47A.010    Definition.

9.47A.020    Unlawful inhalation – Exception.

9.47A.030    Possession of certain substances prohibited, when.

9.47A.040    Sale of certain substances prohibited, when.

9.47A.050    Penalty.

(Ord. 46 § 35, 2003).

8.20.080 Prostitution.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

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.

(Ord. 46 § 44, 2003).

8.20.090 Sexual offenses.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW:

9.68.130    “Sexually explicit material” – Defined – Unlawful display.

9.68.140    Vehicle impoundment.

9A.44.010    Definitions.

9A.44.030    Defenses to prosecution under this chapter.

9A.44.096    Sexual misconduct with a minor in the second degree.

9A.88.010    Indecent exposure.

9A.88.030    Prostitution.

9A.88.050    Prostitution – Sex of parties immaterial – No defense.

9A.88.090    Permitting prostitution.

9A.88.110    Patronizing a prostitute.

9A.88.120    Additional fee assessments.

(Ord. 46 § 48, 2003).

8.20.100 Urinating in public.

Any person who intentionally urinates or defecates in a public place, other than a washroom or toilet room, or at a place and under circumstances where such act could be observed by any member of the public, shall be guilty of a civil infraction, with the fine not to exceed $100.00 for a first offense. For second and subsequent offenses, the person shall be guilty of a misdemeanor. (Ord. 46 § 54, 2003).

8.20.110 Massage and reflexology businesses.

A. The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:

RCW:

18.108.010    Definitions.

18.108.030    Licensure or certification required.

18.108.035    Unlicensed practice – Penalties.

18.108.040    Advertising – Use of Title.

18.108.045    Display of license or certification – Availability of photo identification.

18.108.050    Exemptions.

18.130.020(9)    Definitions; “License,” “licensing,” and “licensure.”

18.130.020(13)    Definitions; “Unlicensed practice.”

18.130.040    Application to certain profession – Authority of secretary – Grant or denial of licenses – Procedural rules.

18.130.190    Practice without license – Investigation of complaints – Cease and desist orders – Injunctions – Penalties.

18.130.200    Fraud or misrepresentation in obtaining or maintaining a license – Penalty.

B. Law enforcement personnel shall have the authority to inspect the premises of any massage business or reflexology business to ensure:

1. Compliance with the requirement that credentials are conspicuously displayed or available for inspection upon request;

2. That those providing massage or reflexology services are validly licensed and of proper age; and

3. Compliance with the advertising requirements of RCW 18.108.040.

C. Inspections pursuant to SVMC 8.20.110(B) shall be limited to:

1. Times when the massage or reflexology business is open; and

2. The common areas of the massage or reflexology business.

D. Nothing herein shall authorize entry or inspection of rooms in which massage or reflexology is provided and which are separated from the common area of the massage business or reflexology business absent consent, a warrant, or other lawful basis.

E. Nothing herein shall be interpreted as limiting the use by law enforcement of any lawful investigatory techniques.

F. Citation by law enforcement pursuant to any provision of SVMC 8.20.110 shall be a valid basis for a determination to deny, suspend, or revoke a business license in accordance with Chapter 5.05 SVMC.

G. Additional Remedies. The remedies provided herein for violations or noncompliance with the provisions of this section, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. The remedies are not exclusive, and the City may seek any other legal or equitable relief. (Ord. 23-009 § 2, 2023).