Chapter 9.11


9.11.010    Definitions.

9.11.020    Indecent conduct.

9.11.030    Place where alcoholic beverages sold.

9.11.040    Exemptions.

9.11.050    Violation – Penalty.

9.11.010 Definitions.

A. As used in this chapter, an “indecent act” is:

1. An exposure or display of one’s genitals, pubic hair, anus, vulva or female breasts; or

2. The touching, caressing, or fondling of the genitals, buttocks or female breasts over or under clothing; or

3. Sexual intercourse which:

a. Has its ordinary meaning and occurs upon any penetration, however slight; and also means

b. 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 the opposite sex, except when such penetration is accomplished for medically recognized treatment or diagnostic purposes; and also means

c. 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 the same or opposite sex; or

4. Masturbation.

B. “Sexual contact” means any touching of the sexual or intimate parts of a person done for the purpose of gratifying the sexual desire of either party.

C. “Obscene” means any matter which:

1. The average person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

2. 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.

D. “Lewd” shall have and include all those meanings which are assigned to it under the common law.

E. “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 general public, including those which serve food or drink or provide entertainment, and the doorways and entrances to those buildings or dwellings and the grounds enclosing them. (Ord. 2006-4 § 1, 2006).

9.11.020 Indecent conduct.

A person is guilty of indecent conduct if he or she intentionally performs any indecent act in a public place or at a place or under circumstances where such act could be observed by any member of the public. (Ord. 2006-4 § 1, 2006).

9.11.030 Place where alcoholic beverages sold.

The owner, manager or operator of premises open to the public, wherein alcoholic beverages are sold, served or consumed, is guilty of permitting indecent conduct if he or she intentionally permits or causes any indecent act on said premises. (Ord. 2006-4 § 1, 2006).

9.11.040 Exemptions.

The provisions of this chapter shall not apply to the following:

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

B. Comedic, vocal, instrumental or political performances which are not obscene;

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

D. Exhibitions or dances which are not obscene. (Ord. 2006-4 § 1, 2006).

9.11.050 Violation – Penalty.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished in accord with the provisions of TMC 9.05.070, unless such person exposes himself to a person under the age of 14 years, in which case such indecent exposure is a gross misdemeanor on the first offense and, if such person has previously been convicted under this subsection or of a sex offense as defined in RCW 9.94A.030, then such person shall be subject to prosecution for a Class C felony punishable under Chapter 9A.20 RCW. (Ord. 2006-4 § 1, 2006).